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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?)
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To: AmericanVictory; rxsid
“There is not a shred of legal authority that supports your wrong contention that standing is an element of a claim.”

I never said that “standing is an element of a claim.”

"Failure to state a claim" as found by Robertson, equals "failure to gain standing".

A plaintiff must have a justiciable claim to have standing, so it is having a justiciable claim that is an element of standing.

A plaintiff's case will be dismissed, as Hollister's was, for failure to state a claim that the court can adjudicate.

You are making the erroneous claim that Robertson granted Hollister standing merely by affirming that his court had jurisdiction. This is false. A court can't reach a determination of a particular plaintiff's standing, without first reaching a determination that the court has general jurisdiction over the type of case or controversy.

That is all that Robertson did. He found general jurisdiction but not specific jurisdiction for Hollister's claims because Hollister failed to state a justiciable claim. If Hollister had made a justiciable claim of an injury in fact that the court could rule to be legitimate, the case would have gone to trial. It did not.

(The real lawyers are doubtless rolling on the floor laughing by now! All corrections from lawyers are welcome.) BTW, this same issue was before Judge Carter. Keyes claimed an injury in fact from being on the ballot with an ineligible candidate, and there was extensive discussion at the Oct. 5 hearing on the issue over whether Keyes was entitled to standing on that issue. Carter said it was not clear where to draw the line on injury in fact when Keyes prospects of winning were so tiny. In the end Judge Carter denied standing and dismissed the case due to failure to state a claim.

150 posted on 01/12/2010 3:10:28 PM PST by Seizethecarp
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