Judge rules Mississippi Obama Care law suit can go forward - WDAM - TV 7 - News, Weather and Sports

Judge rules Mississippi Obama Care law suit can go forward

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HATTIESBURG, MS (WDAM) - United States District Judge Keith Starrett refused to dismiss a lawsuit Monday designed to dismantle the nation's health care law, ruling in favor of the petitioners.

The class action lawsuit was filed by Attorney and State Senator Chris McDaniel in April of 2010 on behalf of Lieutenant Governor Phil Bryant and other Mississippians.  It contends the Federal Government does not have the authority to mandate American citizens to purchase health insurance simply as a condition of lawful residence in the United States.

Judge Starrettt ruled against Attorney General Eric Holder and the Justice Department finding that the Mississippi Petitioners do have standing to contest the new law's mandate.

From here the suit goes to Judge Starrett's desk for further consideration specifically on the merits of the case.

We may well have an argument. We may well just brief this on merit's," said McDaniel. "In any event he has to make a ruling on the constitutionality of the individual mandate and we are very confident that he will rule that the mandate is unconstitutional."

McDaniel says this a major victory in the citizens fight against mandated health care and the third major blow to Obama Care in  the last three weeks.

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