Round One Won

Is the Virginia ruling that a challenge to the Obama Care law can go ahead an important one? Judge Napolitano says yes, because the federal judge is saying the individual mandate is a radical idea.

"While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate -- and tax -- a citizen's decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue," Hudson wrote in his 32-page opinion.

A federal judge in Florida is weighing a similar motion to dismiss a separate suit challenging the law filed jointly by 20 other states. Like Virginia, those states also contest the constitutionality of the individual mandate. In addition, they contend that the law infringes on the sovereignty of states by requiring them to expand their Medicaid programs.

Virginia is unique from other states, because it has passed a law saying its citizens can't be forced to purchase insurance.