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Kerchner Eligibility Lawsuit Dismissed on Standing
U.S. District Court, New Jersey ^ | 10/21/2009 | Judge Jerome B. Simandle

Posted on 10/21/2009 9:02:35 AM PDT by BuckeyeTexan

United States District Court Judge Jerome B. Simandle has dismissed the Kerchner v. Obama lawsuit challenging President Barack H. Obama's eligibility to hold the office of President of the United States.

"The Court finds that Plaintiffs Charles F. Kerchner, Jr., Lowell T. Patterson, Darrell James LeNormand, and Donald H. Nelsen, Jr. lack standing to pursue their claims and so the Court must grant Defendants’ motion to dismiss."

Judge Simandle's full opinion is at the link.


TOPICS: Front Page News; News/Current Events; Politics/Elections
KEYWORDS: apuzzo; birthcertificate; birthers; certifigate; eligibility; kerchner; naturalborncitizen; obama; obamatruthfile
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1 posted on 10/21/2009 9:02:37 AM PDT by BuckeyeTexan
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To: mlo; Non-Sequitur; parsifal; Pilsner; Drew68; curiosity; Sibre Fan; El Sordo; MilspecRob; ...

Ping.

Mario Apuzzo’s lawsuit dimissed.


2 posted on 10/21/2009 9:04:16 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

Ping Barry’s enablers! High fives all around!


3 posted on 10/21/2009 9:05:09 AM PDT by Genoa (Luke 12:2)
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To: penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; April Lexington; ...

“Attorney Mario Apuzzo called me a few minutes ago. Judge Simandle has granted the DOJ’s motion to dismiss. More on this later. Mario will post some initial comments in the blog but he still has to read the Judge’s decision in full. I also need to read the full decision. But we will definitely appeal.”

http://puzo1.blogspot.com/


4 posted on 10/21/2009 9:07:23 AM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: BuckeyeTexan

It appears that no Citizen in America has legal standing in this case. What a CROCK of Fecal matter (this situation, not the president. That’s a whole differant “can of worms.”)


5 posted on 10/21/2009 9:07:31 AM PDT by Fighter@heart (Government, the most inefficient entity to ever exist)
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To: BuckeyeTexan

Another chicken sh*t reading of the law.


6 posted on 10/21/2009 9:11:25 AM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Fighter@heart

Time to join oathkeeper friends
oathkeepers.org


7 posted on 10/21/2009 9:12:07 AM PDT by manonCANAL
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To: BuckeyeTexan

It seems only the pro-0bama people have standing in the courts. Are we witnessing the rise of the 4th Reich?


8 posted on 10/21/2009 9:12:16 AM PDT by CoastWatcher
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To: BuckeyeTexan

I wish I understood who exactly does have “ standing”
So far citizens don’t, a presidental candidate doesn’t and active duty military don’t

Who does?
OR as more likely all judges will rule for odumbo


9 posted on 10/21/2009 9:19:37 AM PDT by RWGinger
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To: BuckeyeTexan
Disappointing. I hope this continues through an appeal process.

In the meantime, we need to keep the pressure on our elected representatives to slow down the juggernaut, to organize our efforts for upcoming elections, and wake up our fellow citizens to the threat we are facing.

10 posted on 10/21/2009 9:20:31 AM PDT by Think free or die (The problem with socialism is that you eventually run out of other people's money - M.Thatcher)
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To: RWGinger

That what I’m thinking. Just who the He!! has standing?


11 posted on 10/21/2009 9:23:16 AM PDT by El Laton Caliente (NRA Life Member & www.Gunsnet.net Moderator)
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To: CoastWatcher

No. It is simply the application of the law. If McCain had won, would you want the courts involved to throw him out because pro-Obama people were suspicious about him being a citizen, or NBC, or whatever?

parsy, who says it was the proper decision


12 posted on 10/21/2009 9:24:30 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: RWGinger

If you read the federal rules of civil procedure, it becomes clear that we don’t have standing. There is no unique injury that is particularized and concrete to one plaintiff. Every voter suffers the same injury from an ineligible POTUS. And there is no remedy that the court can grant. The court can’t remove a sitting president.

That doesn’t mean Obama is eligible. It just means, we can’t pursue this method of removing him. We’ll have to find another way.


13 posted on 10/21/2009 9:24:55 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: RWGinger

In brief, “standing” requires some personalized injury to the person suing. If it is an injury that befalls all Americans, then it is not personalized. This is one reason why individual taxpayers can not sue over gov’t waste. It is an injury that befalls all of us.

parsy, who hopes this helps


14 posted on 10/21/2009 9:26:53 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BuckeyeTexan

“FREE THE LONG FORM!”


15 posted on 10/21/2009 9:27:23 AM PDT by Dryman ("FREE THE LONG FORM!")
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To: BuckeyeTexan

Brief explanation of who has “standing”:

STANDING - The legal right to initiate a lawsuit. To do so, a person

must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.

There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) a causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and (3) a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. Lujan v. Defenders of Wildlife, 112 S. Ct. 2130, 2136 (1992) (Lujan). The party invoking federal jurisdiction bears the burden of establishing each of these elements. Id.

In deciding whether xxx has standing, a court must consider the allegations of fact contained in xxx’s declaration and other affidavits in support of his assertion of standing. See Warth v. Seldin, 422 U.S. 490, 501 (1974) (Warth). see also Warth, 422 U.S. at 501 (when addressing motion to dismiss for lack of standing, both district court and court of appeals must accept as true all material allegations of the complaint and must construe the complaint in favor of the party claiming standing).

Standing is founded “in concern about the proper—and properly limited—role of the courts in a democratic society. “ Warth, 422 U.S. at 498. When an individual seeks to avail himself of the federal courts to determine the validity of a legislative action, he must show that he “is immediately in danger of sustaining a direct injury.” Ex parte Levitt, 302 U.S. 633, 634 (1937). This requirement is necessary to ensure that “federal courts reserve their judicial power for `concrete legal issues, presented in actual cases, not abstractions.’ “ Associated General Contractors of California v. Coalition for Economic Equity, 950 F.2d 1401, 1406 (9th Cir. 1991) (quoting United Public Workers, 330 U.S. at 89), cert. denied, 112 S. Ct. 1670 (1992). National Environmental Policy Act (NEPA), 42 U.S.C. S 4331, et seq.

Someone who seeks injunctive or declaratory relief “must show `a very significant possibility’ of future harm in order to have standing to bring suit.” Nelsen v. King County, 895 F.2d 1248, 1250 (9th Cir. 1990), cert. denied, 112 S. Ct. 875 (1992).

Now we need to decide if these suits are brought about by someone who has “standing”.....comments???


16 posted on 10/21/2009 9:27:47 AM PDT by illiac (If we don't change directions soon, we'll get where we're going)
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To: BuckeyeTexan
1) So what does this mean for the California Case?

2) Are any of Orly's plantiff's significantly different? Does any of hers have actual orders that haven't been recinded?

3) Question: With regards to "Natural Born":

What impact would the equal Rights Amendment have if the 1790 definition holds? Would the equal right amendment retroactively allow the Mother to pass "Natural Born" citizenry even though under age given the laws at the time?
17 posted on 10/21/2009 9:28:23 AM PDT by DannyTN
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To: pissant

Can you read the decision and find anything that specifically is wrong? If so, I would love to see it.

parsy, who thinks the decision was well written


18 posted on 10/21/2009 9:28:55 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BuckeyeTexan

I am trying to understand that. But I think Keyes had a particular injury from odumbo running even while ineligible
I also thought surely an active duty military member would have particular injury having to take orders from an ineligible President.

Since this isn’t working it looks like all we have is election 2012
By then he will have done a ton of damage an by then MSM will have convinced a ton of people he really is the chosen one


19 posted on 10/21/2009 9:29:42 AM PDT by RWGinger
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To: BuckeyeTexan
What a poseur you are! You don't want your obamessiah removed and take joy when each of these suits is dismissed on the same specious grounds that no one has standing. Whom you pinged reveals where your allegiance is festering.
20 posted on 10/21/2009 9:32:07 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: RWGinger
Since this isn’t working it looks like all we have is election 2012.

Nope. Get to work in your state to enact legislation that requires presidential candidates to provide documentation proving that they are eligible to hold the office. That's what I'm doing.

21 posted on 10/21/2009 9:32:36 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: CoastWatcher
Are we witnessing the rise of the 4th Reich?

More like the rise of the Cominterm in America.

22 posted on 10/21/2009 9:34:01 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: CoastWatcher
Are we witnessing the rise of the 4th Reich?

More like the rise of the Cominterm in America.

23 posted on 10/21/2009 9:34:04 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: MHGinTN

Why do you bother implying that I support Obama? My posts on FR make it clear that I don’t. Your continued claims that I do make you look foolish.


24 posted on 10/21/2009 9:36:16 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

That is important but will not be retroactive.

I am doing as many things to stop what odumbo is trying to do including trying to talk to people in other areas since I am in N. Texas and my rep and senators agree with me


25 posted on 10/21/2009 9:36:22 AM PDT by RWGinger
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To: parsifal
If McCain had won, would you want the courts involved to throw him out because pro-Obama people were suspicious about him being a citizen, or NBC, or whatever?

I'd want the courts to rule on the issue, not hide behind "standing". McCain of course was born of two US Citizens while his father was serving the country in its military forces. It's very easy to make a case for such a person being a Natural Born citizen. Both Blackstone and Vattel, who disagree on a lot, agree on that.

26 posted on 10/21/2009 9:36:55 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: CoastWatcher
Are we witnessing the rise of the 4th Reich?

Precisely. I've said it before: if this world is still spinning 'round in a hundred years, he'll be mentioned in the same breath as Stalin, Hitler, and Mao.

Dictators who stain the annals of history.

Maybe he'll eventually get the same treatment as Mussolini.
27 posted on 10/21/2009 9:39:26 AM PDT by Canedawg (FUBO)
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To: BuckeyeTexan

Oh, and something else. Did you notice that none of us “trolls” and “pro-Obama” agents ever jumped on the lawyer in this lawsuit. And we never poked fun at the legal proceedings there. I wonder why that is? Oh, I know. The attorneys here may have had a questionable case legally speaking, but they pursued it like professional attorneys and did not trash the courts, did not trash Obama, file in multiple jurisdictions, introduce obviously phony evidence, and carry on like legal maniacs.

They made their case, argued their reasoning and law, and lost like professionals. In addition, they did not have the entire country laughing at them the way it is at Orly. Nobody is getting sanctions filed on them here. Nobody is alleging Eric Holder met the judge in a coffee shop.

parsy, who thought this needed to be said


28 posted on 10/21/2009 9:39:55 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: DannyTN
What impact would the equal Rights Amendment have if the 1790 definition holds?

None, the equal rights amendment was never ratified. It doesn't exist.

That said, the 1790 act was replealed in 1795, as far as "natural born" citizenship" was involved. The 1795 and later acts required to US parents for citizenship. Later acts allowed for just one US citizen parent, with restrictions. But again, just for statutor citizenship, not Nautural Born (meaning needing no statute or law, citizenship.

29 posted on 10/21/2009 9:40:58 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: BuckeyeTexan
Here ya go Buck. You can file this complaint with your AG in Texas. http://www.scribd.com/doc/19626789/MODEL-COMPLAINT-OF-ELECTION-FRAUD-TO-STATE-AsG-TX

Taken from here. http://jbjd.wordpress.com/2009/09/08/model-complaint-of-election-fraud-to-state-attorneys-general/

30 posted on 10/21/2009 9:42:38 AM PDT by GregNH ("Dc Rally from the Ground" by me http://gwgjlm.blogspot.com/2009/09/dc-rally-from-ground.html)
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To: pissant

Antonin Scalia, The Doctrine of Standing as an Essential Element of the Separation of Powers, 17 SUFFOLK U. L. REV. 881 (1983)


31 posted on 10/21/2009 9:43:46 AM PDT by kukaniloko
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To: parsifal

Exactly.


32 posted on 10/21/2009 9:44:26 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: kukaniloko

You are as stupid as you are transparent, gargles


33 posted on 10/21/2009 9:45:12 AM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: El Gato

Thats the whole point. There are some things courts can not rule on by law. Courts can not give advisory opinions.

parsy, who thinks you are over-reacting


34 posted on 10/21/2009 9:45:24 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: GregNH

Thanks. I’ve seen that before, but it doesn’t cover everything that needs to be filed. The Democrat Party broke so many laws in Texas is defies logic.


35 posted on 10/21/2009 9:46:00 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

And another one bites, and another one bites, and another one bites the dust.


36 posted on 10/21/2009 9:46:54 AM PDT by Non-Sequitur
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To: DannyTN; BuckeyeTexan
1) So what does this mean for the California Case?

Specifically, probably nothing. Even if Judge Carter is made aware of the decision, it is not binding on him. However, as a general matter, this opinion is focused on the same issues that Judge Carter focused on in the hearing (standing, political question). And, the cases cited include Supreme Court cases on the issue (which are binding on the California court). So, there's a chance that Judge Carter's opinion will read similarly.

2) Are any of Orly's plaintiff's significantly different? Does any of hers have actual orders that haven't been rescinded?

Orly has one active-duty plaintiff, but was unable to tell Judge Carter whether he has any pending orders from Obama or whether he would defy those orders if issued. So, I don't think that the active-duty plaintiff will be considered materially different from the Kerchner military plaintiffs. Orly also has Keyes - a presidential candidate. At the hearing, Judge Carter seemed disinclined to simply dismiss Keyes as a "fringe" candidate, referring to the important value that third-party candidates bring to the political process. At the same time, Judge Carter seemed troubled by Orly's apparent inability to identify a particular injury suffered by Keyes. Although Orly cited to the Senate race, that race is not part of this complaint or action, so Judge Carter will not be able to rely on that alleged injury. So, I think there's a chance that Judge Carter may say that a candidate, even a third-party candidate with little realistic chance of winning, has standing - IF he can prove particularized injury. I also think that Judge Carter will find that Amb. Keyes failed to do that.
37 posted on 10/21/2009 9:52:56 AM PDT by Sibre Fan
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To: BuckeyeTexan
This is why a quo warranto action needs to be filed in the D.C. District Court. Standing would not be an issue.
38 posted on 10/21/2009 9:55:11 AM PDT by SeaHawkFan
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To: parsifal

What I would want the court to do is to order the person in question to produce a full and certified piece of evidence of life birth. You know, that certified birth certificate that you have to produce to get a friggin driver’s license, mariiage license, or passport.


39 posted on 10/21/2009 9:55:48 AM PDT by the long march
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To: parsifal

Just another reason to start by killing all the lawyers....


40 posted on 10/21/2009 9:56:44 AM PDT by the long march
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To: Fighter@heart
It appears that no Citizen in America has legal standing in this case.

That is not entirely correct. In order to have standing then you have to have suffered real damages to a legally protected interest. In the Hollander v. McCain decision the judge seemed to indicate that McCain may have standing because as a serious presidential candidate he could well have been said to suffer damages by being beaten by an ineligible opponent. Alan Keyes, on the other hand, does not have standing because his chances of winning was zero regardless of who else was in the race.

41 posted on 10/21/2009 9:57:00 AM PDT by Non-Sequitur
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To: BuckeyeTexan
Actually, even "the other way" is foreclosed according to this opinion.

Footnote 5 from the bottom of page 11:

    "Moreover, had Plaintiffs alleged an “injury in fact” sufficient to satisfy Article III standing, prudential standing concerns would likewise prevent the Court from exercising jurisdiction. The Supreme Court has held that “even when the plaintiff has alleged redressable injury sufficient to meet the requirements of Art. III, the Court has refrained from adjudicating ‘abstract questions of wide public significance’ which amount to ‘generalized grievances,’ pervasively shared and most appropriately addressed in the representative branches.” Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 474-75 (1982). Plaintiffs’ claims fall squarely into the category of generalized grievances that are most appropriately handled by the legislative branch. The Court acknowledges Plaintiffs’ frustration with what they perceive as Congress’ inaction in this area, but their remedy may be found through their vote.

To this extent, it appears that Plaintiffs have raised claims that are likewise barred under the “political question doctrine” as a question demonstrably committed to a coordinate political department. See Baker v. Carr, 369 U.S. 186, 216 (1962). The Constitution commits the selection of the President to the Electoral College in Article II, Section 1, as amended by the Twelfth Amendment and the Twentieth Amendment, Section 3. The Constitution’s provisions are specific in the procedures to be followed by the Electors in voting and the President of the Senate and of Congress in counting the electoral votes. Further, the Twentieth Amendment, Section 3, also provides the process to be followed if the President elect shall have failed to qualify, in which case the Vice President elect shall act as President until a President shall have qualified. None of these provisions evince an intention for judicial reviewability of these political choices."

Basically, the judge says it is up the legislative branch to ensure a properly qualified President is elected. Since they have qualified him and installed him into office, the court has nothing to say about it.

Well, there you are citizens. Now shut up and move along.

42 posted on 10/21/2009 9:58:15 AM PDT by Captain Rhino (“Si vis pacem, para bellum” - if you want peace, prepare for war.)
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To: parsifal

The reason you never made fun of the lawyers in this lawsuit is that they lost and that is what you wanted. If the lawyers lose they do a good job. If the lawyers become troublesome and fight like hell they are discredited.

You are such a dishonest person. I’d hate to be you ten years from now.


43 posted on 10/21/2009 9:58:46 AM PDT by GilGil
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To: RWGinger
But I think Keyes had a particular injury from odumbo running even while ineligible.

Only if one is delusional enough to believe that Keyes had a chance of winning. Otherwise I could say that I suffered damages because I couldn't win the election due to Obama being ineligible.

44 posted on 10/21/2009 10:01:19 AM PDT by Non-Sequitur
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To: BuckeyeTexan
Why do you bother implying that I support Obama? My posts on FR make it clear that I don’t. Your continued claims that I do make you look foolish.

In Birtherland, the only true test of conservatism is being a Birther.

45 posted on 10/21/2009 10:02:20 AM PDT by Non-Sequitur
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To: pissant

John G. Roberts, Jr., Article III Limits on Statutory Standing, 42 Duke L.J. 1219 (1993)


46 posted on 10/21/2009 10:02:29 AM PDT by kukaniloko
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To: BuckeyeTexan; LucyT; BP2; El Gato
unique injury that is particularized and concrete to one plaintiff.

Well what about former owners of car dealerships? oil servcie companies, GM stock owners.........i'm sure they and their accountants could show detailed losses.

47 posted on 10/21/2009 10:04:59 AM PDT by urtax$@work (The best kind of memorial is a Burning Memorial.........)
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To: BuckeyeTexan

Another clear cut example of the difference between ‘legal’ and ‘moral’. This decision is well written, well cited, and concise. It is legally correct.
It is, however, a moral abomination. It is a prime example of what is wrong in the US judiciary. There is a valid Constitutional question in play, here. And, to this point, NO one has standing? Bull Puckey!

It is decisions like this that will drive this nation to its next revolution.


48 posted on 10/21/2009 10:06:40 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: parsifal

‘stimulus’ comes to mind as harming all of us.


49 posted on 10/21/2009 10:07:01 AM PDT by Freddd (CNN is not credible.)
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To: DannyTN
1) So what does this mean for the California Case?

Nothing. The two are not related.

2) Are any of Orly's plantiff's significantly different? Does any of hers have actual orders that haven't been rescinded?

Not in California. She had that Captain in the Rhodes case who's orders weren't rescinded and who reported for duty about the time the judge dismissed the case.

What impact would the equal Rights Amendment have if the 1790 definition holds? Would the equal right amendment retroactively allow the Mother to pass "Natural Born" citizenry even though under age given the laws at the time?

The 1790 Naturalization law only defined natural-born citizen in the case of a child born overseas to two U.S. citizen parents. Citizenship of those born in the U.S. wasn't addressed. The Equal Rights Amendment, even had it been passed, would not have impacted citizenship laws.

50 posted on 10/21/2009 10:07:40 AM PDT by Non-Sequitur
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