“The court looked at the evidence and decided that all lacks merit.”
Evidence and testimony ruled to lack merit in the face of no opposition is what happens when the trier of fact becomes an advocate for a political agenda. How does the Judge go from Ordering the Defense to prove eligibility in a pre-trial Order to dismissing the merits of the case when there is no opposition?
Summary Judgment for the defense, without motion from the defense, due to lack of subject matter jurisdiction is reviewable, de novo.
This is not a Summary Judgement.