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To: Seizethecarp

http://www.freerepublic.com/focus/f-news/2422326/posts

Read the first paragraph after the elipses. It says that the judge below acknowledged having jurisdiction (i.e., Hollister had standing) based on interpleader laws. That is subject to review/reversal by the Court of Appeals, but at this time, (as I understand it) Hollister DOES have standing.

Maybe a lawyer can clarify, but that is my understanding.


90 posted on 01/09/2010 9:01:44 AM PST by EDINVA
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To: curiosity

interesting post


91 posted on 01/09/2010 9:14:30 AM PST by Kenny Bunk (The eligibility topic is closed (for me) until after Writs of Quo Warranto hearings are held.)
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To: EDINVA
“Read the first paragraph after the elipses. It says that the judge below acknowledged having jurisdiction (i.e., Hollister had standing) based on interpleader laws.”

My understanding (not a lawyer) is that jurisdiction is the ability of the court to hear the matter while standing is the eligibility of the plaintiff to bring the matter to that court. These are two distinct, separate gates that a case must get through. One is applied to the court, the other to the plaintiff.

When a court rules it has jurisdiction over the subject matter of a case, that has no effect on whether a particular plainfiff has standing to bring that subject matter against a particular defendant. That is a separate matter for the court to decide before the case can proceed to trial.

Prior to inauguration, lots of courts decided that they had jurisdiction to hear eligibility cases, but none to my knowledge, granted standing. Either the plaintiff was ineligible or the defendant was the wrong defendant or the court was unable to fashion a remedy, or the issue “wasn't ripe” because the electors hadn't voted etc.

Now that the inauguration has passed, and no challenge was perfected (filed and served) in the two weeks or so between when the electors voted and the inauguration, one federal judge, Judge Carter says that only a quo warranto in the DC Circuit is available as a jurisdiction to challenge Obama’s eligibilitiy. That quo warranto jurisdiction, if accepted by the DC Circuit, will then still require a separate assessment by the Circuit as to whether any plaintiff has standing to bring the quo warranto.

93 posted on 01/09/2010 9:37:24 AM PST by Seizethecarp
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To: EDINVA; Seizethecarp
"http://www.freerepublic.com/focus/f-news/2422326/posts

Read the first paragraph after the elipses. It says that the judge below acknowledged having jurisdiction (i.e., Hollister had standing) based on interpleader laws. That is subject to review/reversal by the Court of Appeals, but at this time, (as I understand it) Hollister DOES have standing.

Maybe a lawyer can clarify, but that is my understanding."

Right. Attorney Hemenway show's in their reply brief why/how the lower court found standing and thus jurisdiction. The case was dismissed for "lack of claim."

Regarding Donofrio...I read a response from him early on that on the Chrysler case...he was only proceeding with the clients "best interest's" in mind and that they (the clients) were not primarily concerned with the eligibility issue. As I read it, a QW would only be filled IF the BK case did not result in the dealers having their dealerships re-instated. We heard some chatter out there that this past week was going to be the week that the QW was going to be filed. It appears that didn't happen, as it also appears that the QW will only be filed after the BK case(s) fails to result in the dealers getting their business back (or perhaps some other "deal" for compensation).

94 posted on 01/09/2010 9:39:28 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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