File this under "no kidding." Nine months later, another federal court judge handed the administration's health care reform law another victory.

Liberty University, a Christian college, and a handful of anti-abortion activists argued there remained no way to track federal funds being funneled for abortions, something already strictly outlawed by the legislation.

A much larger suit – brought by a collection of 20 states and filed in Florida – earned the right to proceed earlier this year based on the judge's ruling that the law is without historical precedent. The suit challenges the constitutionality of the individual mandate. Arguments are set to continue in just a couple of weeks.

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Of course, to overturn that lynchpin turns a bad law into an even greater, bloated mess. We should be careful what we wish for here.

By my count, that's a pair predictable defeats and a single, hollow victory for us. But we're picking the wrong battleground. We're not going to win this battle in the courtrooms. Unfortunately, we're better off counting on Capitol Hill to either repeal this wreck of amend it into some semblance of sanity.

Again, I expect we face a string of expensive defeats in court – drafting a story line of petty objectionism the mainstream media will turn against us.

But we've yet to take advantage of the greatest victory yet on the battle against wrong-headed reform: the midterm elections. It's time to quit filing and start legislating.

What are we waiting for?

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