Obama Administration Scores Legal Victory On Health Care


First Posted: 02/ 3/11 06:14 PM

WASHINGTON -- The Obama administration won a victory Thursday in the winding legal debate surrounding the president's signature health care law, as a federal judge in Mississippi threw out a suit challenging the constitutionality of the bill.
The judge, Keith Starret, who serves on the U.S. District Court for the Southern District of Mississippi, ruled that plaintiffs suing over the coming implementation of the individual mandate did not demonstrate sufficient standing for him to take the case. He "granted in part" the administrations motion to dismiss the case, but gave the plaintiffs 30 days to amend their complaint.
"The Court finds that the allegations of Plaintiffs' First Amended Petition, as stated therein, are insufficient to show that they have standing to challenge the minimum essential coverage provision of the PPACA [Patient Protection and Affordable Care Act]. Therefore, the Court dismisses Plaintiffs' First Amended Petition without prejudice."
The ruling is welcome news for the president, who earlier this week suffered a legal setback when a federal judge in Florida called the individual mandate unconstitutional and ruled that as such, the entire health care law was void.
Starret didn't weigh into the legal debate surrounding Congress' ability to force individuals to buy health insurance. Rather, he determined that those filing suit had failed to fully demonstrate that their constitutional rights were being violated.
huffingtonpost.com/2011/02/03/obama-health-care-legal-victory_n_818428.html
 
 
So far not a Word about this on Fox etc