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Mississippi judge dismiss health care overhaul lawsuit (on status, not the merits - more time given)
WDAM ^ | 2/04/11

Posted on 02/04/2011 1:39:45 PM PST by Libloather

Miss. judge dismiss health care overhaul lawsuit
Associated Press - February 4, 2011 3:04 PM ET

HATTIESBURG, Miss. (AP) - A federal judge has agreed to dismiss a lawsuit in Mississippi that challenges a provision of the Obama Administration's federal health care law, but the judge gave the plaintiffs 30 days to file an amended complaint.

U.S. District Judge Keith Starrett ruled Thursday that the 10 people who filed the suit haven't shown they have legal "standing" to challenge the constitutionality of the law's minimum essential coverage provision.

But the judge didn't rule on the merits of their claims. He gave them a month to correct their suit's "jurisdictional defects."

The plaintiffs claim the law's provision would force them to purchase health insurance or pay a tax penalty.

(Excerpt) Read more at wdam.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: healthcare; judge; lawsuit; mississippi
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He gave them a month to correct their suit's "jurisdictional defects."

Big leftist buzz on the web over this one. They're partying like it's 1999.

1 posted on 02/04/2011 1:39:55 PM PST by Libloather
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To: Libloather

This ruling is as meaningless as the VA ruling against those suing on the abortion component. The 26 states DO have “standing”, so this is irrelevant.


2 posted on 02/04/2011 1:42:02 PM PST by montag813 (http://www.facebook.com/StandWithArizona)
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To: Libloather

It’s difficult for me to believe that any US Citizen doesn’t have standing to question the Constitutionality of any Federal law.


3 posted on 02/04/2011 1:43:18 PM PST by Paladin2
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To: Libloather

“The plaintiffs claim the law’s provision would force them to purchase health insurance or pay a tax penalty.”

Tax penalty. Ahh yes...as I said before. This is s jizya which is an Islamic tax on non-muslims. Muslims are exempt from ObamaCare but non-muslims get taxed for it. The first Islamic tax on Americans.


4 posted on 02/04/2011 1:46:02 PM PST by Frantzie (HD TV - Total Brain-washing now in High Def. 3-D Coming soon)
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To: Paladin2

What you find difficult is easily explained if your have a full decade of liberal education beyond high school. These judges are really smart, no common sense for them.


5 posted on 02/04/2011 1:50:42 PM PST by Goreknowshowtocheat
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To: Paladin2

maybe they forgot to write their names in all caps? There’s a whole moonbat manual on that somewhere.. Hm.


6 posted on 02/04/2011 1:51:46 PM PST by Freedom4US
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To: Frantzie

Really Frantzie?

I had heard something about this but didn’t know if it had come to fruition.

Big time equal protection issues with that, too.

Or we all simply call ourselves “Muslim”. I mean, if Zero claims NOT to be, we can certainly claim TO be with the same level of credibility?


7 posted on 02/04/2011 1:55:38 PM PST by GatorGirl (Eschew Socialism!)
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To: Libloather

The judge is wrong. They do have standing.


8 posted on 02/04/2011 1:56:36 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Libloather
Big leftist buzz on the web over this one. They're partying like it's 1999.

Just like some here have been partying like it's 1999 over Vinson's ruling. Neither is justified, at least not yet.

A few skirmishes have been won by each side. There are some much bigger battles yet to be fought.

9 posted on 02/04/2011 1:56:59 PM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: Libloather

No standing. Outrageous.


10 posted on 02/04/2011 1:58:25 PM PST by The Iceman Cometh (The Blood Libel Media, serving Satan since 1950.)
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To: Libloather

If they are U.S. citizens who are going to be forced under penalty of law to buy a product from the U.S. government then they HAVE standing. Citizens have the right to petition the government for redress of grievances under the first amendment.

The incompetent judge can piss off.


11 posted on 02/04/2011 1:59:11 PM PST by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: Paladin2
It’s difficult for me to believe that any US Citizen doesn’t have standing to question the Constitutionality of any Federal law.

You Took the Words Right Out of My Mouth.


12 posted on 02/04/2011 2:00:33 PM PST by InterceptPoint
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To: Tupelo; mstar; jdirt; Vietnam Vet From New Mexico; wardaddy; KLT; montesquiue; Downsouth55; ...

Mississippi ping


13 posted on 02/04/2011 2:04:23 PM PST by WKB (We have Bachmann all we need to do is "Turner" on the "Over Drive")
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To: Libloather

http://en.wikipedia.org/wiki/Keith_Starrett

Another “conservative judge” appointed by this idiot’s equally idiotic predecessor.

From Bush I through Clinton, Bush II and Obama, America has suffered under the direction of a series of idiots.


14 posted on 02/04/2011 2:05:15 PM PST by ZULU (No nation which ever attempted to tolerate Islam, escaped total Islamization.)
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To: montag813

Understand that any and every Fed Judge greenlighting nobamacare, is trumped by any one judge ruling it unconstitutional. Thus it is ruled UNCONSTITUTIONAL unless reversed by SCOTUS.


15 posted on 02/04/2011 2:13:02 PM PST by dusttoyou ("Progressives" are wee-weeing all over themselves, Foc nobama)
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To: GatorGirl

They will deny it but essentially ObamaCare is a Jizya or tax on non-muslims.


16 posted on 02/04/2011 2:13:43 PM PST by Frantzie (HD TV - Total Brain-washing now in High Def. 3-D Coming soon)
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To: freekitty

Have you read the pleadings?


17 posted on 02/04/2011 2:17:33 PM PST by Mr. Lucky
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To: Frantzie

I’m as opposed to 0bamacare as the next FReeper, but...

this might as well be called an “Amish jiyza” as well. They are exempt. As are Christians who join medical cost sharing programs.

This is just the wrong approach.
0bamacare is unconstitutional in premise as well as fact.
Just stick with that.


18 posted on 02/04/2011 2:20:28 PM PST by MrB (Tagline suspended for important announcement on my about page. Click my handle.)
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To: Paladin2

If, as you say, every US citizen had standing to sue on a federal law, the courts and government would be at a standstill, overwhelmed by the doofis suits filed. That’s why we have the standing rules.


19 posted on 02/04/2011 2:23:29 PM PST by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: SgtHooper
If Congress were to pass but a few laws per year, the courts would not be overwhelmed.

I'd say that the CongressCritters are the ones gumming up the system (and may have a higher fraction of MoonBats than the population at large).

20 posted on 02/04/2011 2:26:57 PM PST by Paladin2
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