Posted on 02/09/2009 9:30:14 PM PST by rocco55
Again, thank you!
Yeah like we got BJ Billy with his PROVEN purjury, obstruction of justice, and attempts at subborning witnesses. And, Hillary for comtempt of court for deliberate failure to obey a court's order to produce those Rose Law firm billing records.
Fat chance.
I still believe that we’ll find one Judge!
LOL GLAD to. And please don’t tell anyone I made any sense or they’ll drum me out of the Lawyer Corp. Hmm Then again . . . lol
Understand. But it’s the same thing. And there have been some suits filed doing just that, asking the Govt or Govt Official to “do their duty”. It’s called a Writ of Mandamus.
However, the very first question every court ever asks is “does it have jurisdiction” and #2 is standing.
So the standing issue would apply in the case that you suggest and you still run into the same problem.
A very good explanation of standing. Thank you.
Every one of these cases has been dismissed (except for the ones where the judge has not yet ruled on the motion to dismiss). Not one has ever gone beyond the motion to dismiss stage to get into discovery. All of the appeals to the Supreme Court were rejected unanimously, without comment. For the reasons karibdes explained above, not one of these cases is ever going to survive a motion to dismiss. Pointing out some basic principles of American law is not "misleading pessimism," it is recognizing reality. Efforts to oppose Obama's policies should be directed somewhere they will do some good.
could we get any traction with a “class action” case? if that would not have standing, then I don’t know if anyone would.
Whoever files the lawsuit as the representative of the class would have to have standing.
is that not a contradiction? how can a person filing a lawsuit in a class action case have a “unique” and vested” interest?
It is not a dead issue. Go to dr. Edwin Vierira’s web site and read two of his blogs. One in Oct or Nov and one in dec. It tells how a plaintiff will have standing if they are prosecuted for any law Obama signs. This is one way. Orly may have found another.
No because the same test still applies. Even though the class may be large (i.e. like an anti-trust settlement with Microsoft where they end up sending everyone a $5 gift certificate or something just as useless), this is a matter where the damage would affect every American and therefore is not unique enough. It can’t be something that affects the populace in general as the result of some unique relationship between Plaintiff and Defendant.
The only one I saw that actually seemed to “have some merit” would be a soldier suing. That would probably be dismissed on other grounds as well, not to mention the nightmare faced by the soldier who did so.
Again, the only entities that seem to have standing would be Congress or some other governmental entity responsible for approving electors and/or counting the electoral votes.
A typical class action will allege that the defendant cheated a large group of people (e.g., all of the investors in Madoff's hedge fund). The named palintiff has standing (Madoff stole his money) and so do all of the class members. The class-action device merely permits a large number of people to aggregate their claims and sue together (saving the court and the parties the time and trouble of bringing hundreds of separate lawsuits), but each class member must have standing.
or somebody being charged with disobedience to the One.
“Pointing out some basic principles of American law is not “misleading pessimism,” it is recognizing reality.”
And what is constantly trying to associate people making what is a quite reasonable request of a politician to produce something which most people have to supply on a daily with 9/11 truthers?
paid troll is also a likely explanation
OK People Some of you dont get it. There are a few and only a few peoplke who have standing?
John McCain and Sarah Palin!!!!! They were directly harmed by the fact that their opponent was not legally eligible and also because of unfair campaign contributions.
Hillary also would have standing. But she couldnt pursue this because she spent her whole career defending minorities and she could not be caught attacking one. She lived by the sword and died by the sword.
McCain-Palin most definitely have standing.
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