Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: AmericanVictory
"In order to dismiss for that reason he had to consider with the claim of Colonel Hollister was meritorious. As his opinion reveals his principal focus was on what he found to be a lack of tangible property as an interpleader “stake.” This preoccupation was with the merits of the interpleader claim of Colonel Hollister and not with any issue involving Colonel Hollister as a claimant. It was on the claim and not the party.

"That Judge Robertson was thus assuming standing by stating that he, as the judge, had jurisdiction, was recognized by Robert F. Bauer, who was at that point counsel for the defendants Soetoro/Obama and Biden on the appeal when he filed his original opposition brief for the defendants as appellees prior to the briefing being rescheduled."

I totally disagree with your conclusion above that Roberson "was thus assuming standing". You are putting words in his mouth, in my view. Your case quote from Flast does not support your contention that Robertson found that Hollister had standing.

Your quote from Flast is a broader definition of jurisdiction over a particular case, which includes the requirements of standing for the plaintiff, as compared to jurisdiction of a court in general over types of cases without regard to particular plaintiffs, such as whether a court can hear quo warranto.

You are in fact making my point that Roberson found that Hollister lacked standing becasue Hollister failed to claim an actual controversy that the court could remedy.

To have an actual controversy that would justify standing, Hollister had to claim an "injury in fact" (an element of standing). To try to satisfy that requirement Hollister put before the judge his interpleader "stake" claiming potential damage to this "stake" if Obama is found to be ineligible.

Robertson denied the validity of Hollister's claim to an injury in fact and thus denied Hollister standing. Without an injury in fact, the court is unable to fashion a remedy for a nonexistent injury. So while Robertson got as far as finding that his court had a general standing to hear the matter, Robertson found that plaintif Hollister's specific claims for injury before the court failed to justify granting Hollister standing.

148 posted on 01/12/2010 1:36:48 PM PST by Seizethecarp
[ Post Reply | Private Reply | To 143 | View Replies ]


To: Seizethecarp

There is not a shred of legal authority that supports your wrong contention that standing is an element of a claim. You can ignore the clarity of the Supreme Court all you want but it remains an ussupported personsal opinion by you.


149 posted on 01/12/2010 2:34:46 PM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
[ Post Reply | Private Reply | To 148 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson