Florida Attorney General Bill McCollum hasn't had a lot of cheery news since he was stunned by Rick Scott in the GOP primary election for governor – but he does have his health care lawsuit to fall back on, and he was a very happy man Thursday afternoon when a Florida judge ruled that McCollum and the Attorneys General with 19 other states can continue to pursue their lawsuit against the federal government, where they contend that the individual mandate part of the new law is unconstitutional.

Reuters reports:

"In this order, I have not attempted to determine whether the line between constitutional and extra-constitutional government has been crossed," Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.

Opponents of Obama's overhaul of the $2.5 trillion U.S. healthcare system have said it violates the Constitution by imposing, for example, unlawful taxes and requiring citizens to obtain coverage, among other issues.

"I am only saying that … the plaintiffs have at least stated a plausible claim that the line has been crossed," Vinson said.

Billy Mac was ecstatic, saying in a press release:

This ruling is a victory for the States, small businesses and the

American people.  It is the first step to having the individual mandate

declared unconstitutional and upholding state sovereignty in our federal

system and means this case will go forward to the summary judgment hearing

that the court has set for December 16th.

“Congress has no constitutional authority to force the individual mandate

and its penalty on Americans who cannot afford or do not wish to have

health insurance.  Regardless of whether the Obama Administration argues

it is a tax or regulation, it is an unjust burden on the American public.

Progressives don't feel the same way.  Brad Ashwell is with Florida PIRG.  His group wanted the judge to throw the suit out.

It’s very difficult to look at this case as being anything other than politically motivated and partisan. Unfortunately, there’s a lot at stake for the public. The plaintiff’s challenges to the affordable care act will cause real harm to real people if upheld by  fundamentally undermining the new law. Thanks to the affordable care act, Americans no longer have to worry about being denied coverage because of a pre-existing condition, being dropped from insurance or going bankrupt if they get sick.  If the plaintiffs get their way, it will all be undone.

Whether or not to continue to keep the lawsuit going is one of the biggest points of disagreement in the Attorney General's race.  Republican nominee Pam Bondi calls Judge Roger Vinson's decision today a victory:

"The legislation, if implemented, would cost Florida over $1 billion during a time that unemployment is high, our businesses are struggling, and our state government must continue to meet its constitutional requirement to balance its budget. Furthermore, by mandating individuals to purchase health insurance, this legislation is an affront to basic notions of individual freedom."

This article appears in Oct 14-20, 2010.