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To: Seizethecarp

Lack of a claim is lack of a claim. By the cases I pointed out it is not an element of standing. As the Supreme Court has clearly said lack of a claim is not standing or part of standing. If there is laughter it wouild be at yourself. Have you ever actually litigated a constitutional case? As, you put it, a “real lawyer,” I have won cert in one, one that involved an election in fact. But obviously you know better than the Supreme Court because you know that lack of claim focuses on the litigant rather than the merits of what is claimed, unlike every reported case on the subject. Judges look at whether they have jurisdiction, which necessarily involves considering standing, then they look to see if there is a claim. They do not analyze the claim and then extrapolate from that to standing. For one thing, jurisdiction and standing analyses are under 12(b)(1) not 12(b)(6). The former goes outside the pleading the latter analysis does not except for taking judicial notice. If you were an experienced federral litigator you would have to know that.


152 posted on 01/12/2010 4:32:42 PM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: AmericanVictory
"Have you ever actually litigated a constitutional case? As, you put it, a “real lawyer,” I have won cert in one, one that involved an election in fact. But obviously you know better than the Supreme Court because you know that lack of claim focuses on the litigant rather than the merits of what is claimed, unlike every reported case on the subject."

You misstate what I said again. I never said "lack of claim focuses on the litigant rather than the merits of what is claimed."

I seem to recall you saying you were not a lawyer.

154 posted on 01/12/2010 5:09:42 PM PST by Seizethecarp
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