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Federal District Judge Henry Hudson's decision to let Ken Cuccinelli's lawsuit against Obamacare go forward comes as no surprise. Hudson didn't rule on the merits of the attorney general's case. He simply declined to dismiss it. The issue at the heart of the matter is hotly debated by constitutional scholars, and is generally expected to receive final adjudication in the Supreme Court. In short, it's hardly a frivolous suit.

The question is whether the federal government has the power to compel individuals to purchase a particular consumer good -- not as a prerequisite to some other privilege, such as driving, but merely because they live and breathe. Advocates of Obamacare say it does, thanks to the Commerce...