U.S. District Henry Hudson, in a 42-page opinion, granted the state of Virginia summary judgment in its suit seeking to declare the insurance mandate unconstitutional, thus threatening the entire package of insurance reforms in the 2, 700-page law.

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For this reason if no other, his public judgment would lay down a marker around which average opinion could coalesce.

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This communication is consistent with 21CFR10.85(k) and constitutes an informal communication that represents our best judgment at this time but does not constitute an advisory opinion, does not necessarily represent the formal position of the FDA, and does not bind or otherwise obligate or commit the agency to the views expressed.

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"That judgment is entrusted to the nation's elected leaders, " the opinion said.

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Judge Janet Bond Arterton, who wrote the district court opinion, cavalierly dispensed with a trial on the facts, issuing instead a summary judgment.

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