Virginia federal judge Henry Hudson has denied the federal government's request to dismiss the state of Virginia's lawsuit arguing that the health care reform law is unconstitutional. As bloggers who support and oppose the health care reform bill have noted, this does not mean that the judge will find the law unconstitutional in the end.
In covering Hudson's decision, it is important for media to note that legal experts from across the political spectrum have said that the health care law does not violate the Constitution.
Furthermore, media should note Hudson's longstanding ties to the Republican Party. As former Sen. George Allen stated when endorsing Hudson in front of the Senate Judiciary Committee, in 1979, Hudson ran as a Republican and won the race for Arlington County Commonwealth's Attorney. He was subsequently appointed U.S. Attorney for the Eastern District of Virginia by President Ronald Reagan; director of the U.S. Marshals Service by President George H.W. Bush; and to positions on three Virginia criminal justice boards by Allen -- when Allen was Virginia governor.
In addition, as reported by the Richmond Times Dispatch (via Nexis) former Republican Governor of Virginia Jim Gilmore appointed Hudson as a state court judge in 1998. Finally, President George W. Bush appointed Hudson to his current position as a federal judge in 2002.
From 2002 Allen's statement on behalf of Hudson:
I have personally known Henry Hudson for several decades now. He has a long and distinguished career. I think it is great to see all the public service roles that he has played. He is here with his wife, Tara, and son, Kevin, and Kevin doesn't know this, but--well, I guess he does. Before Kevin was around, Henry started as a fire fighter, then was a deputy sheriff, and he has had a very long, distinguished career. In fact, he was elected in 1979 as Commonwealth's attorney for Arlington County, which, for a Republican, is no easy task, and, in fact, did such an outstanding job of good quality, he was re-elected by a large margin 4 years later.
In 1986, President Reagan selected him to serve as U.S. Attorney for the Eastern District of Virginia. He is credited with elevating the stature and visibility of that office with such prosecutions as Operation Illwind, which restored integrity to the field of defense procurement.
In 1992, Judge Hudson was appointed by President Bush to serve as Director of the United States Marshals Service, and he received outstanding awards and commendations there.
While I served as Governor, Mr. Chairman, as Governor you make appointments, not just judges but to commissions on matters that are important to the people of our Commonwealth and States. I asked, and Henry fortunately agreed to serve as chairman of the Criminal Justice Services Board while I served as Governor. He also was a key member of my Governor's Commission to Abolish Parole and Reform Sentencing. Later, I selected him to be a key member of the Virginia Criminal Sentencing Commission, and I can personally attest, due to his performance in those tasks, that his dedication, his work ethic, and integrity are just superb and his leadership is one that is very much needed in those areas as well as then showing what kind of a judge he would be, because since 1998 he has been a circuit court judge in Fairfax County, Virginia. He has that proven experience. Those who present themselves before the bar have been able to judge the judge, and there is bipartisan support. Democrats and Republicans, the evidence that Senator Warner mentioned earlier, all think he is a very firm but fair judge. That is what you would want.
In addition, as Huffington Post's Sam Stein reports, Hudson owns stock in a Republican online communications firm, Campaign Solutions.