In it, but not of it. TPM DC

Mississippi Judge Tosses Health Care Reform Challenge -- But Doesn't Address The Key Question

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Newscom / UPI

The judge concluded that the plaintiffs lacked standing to sue, but offered them a chance to amend their petition within 30 days.

"Every lawsuit will have an obstacle but I am pleased that Judge Starrett did not dismiss the entire claim," Bryant said in a prepared statement. "Instead he has asked the attorneys to correct some procedural information contained in the suit and we are now working on that task."

Obama administration defenders will note that this decision isn't getting non-stop media coverage like Monday's ruling by a Florida that the entire law be voided. But the Florida case was decided on the same jurisprudential turf that most constitutional scholars think the Supreme Court will ultimately consider. Thus the number of judges who have ruled for and against the administration on the key question (two and two) remains unchanged.