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To: edge919

As for him putting the appeals on the discuss list, maybe he hasn’t read those appeals. IIRC, not all the appeals directly or correctly addressed the two-parent argument. Even if they did, that doesn’t mean the cases were able to overcome the obstacle of “legal standing.” Short of that, why would a judge put such a case on a discuss list?


That’s what’s great about being on the Supreme Court of the United States, the court of last resort. They can rule on any legal issue that any four justices agree to take up. And any one Justice can initiate a discussion of the issues of an appeal by putting an appeal on the discuss list.

Both Kerchner v Obama and Hollister v Soetoro specifically made the two citizen parent argument and asked the Supreme Court to overturn lower court rulings on standing and hear those appeals on the merits of the constitutional claims.


147 posted on 07/06/2011 1:27:46 PM PDT by jh4freedom (Mr. "O" has got to go.)
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To: jh4freedom

The SCOTUS invented the legal standing rule. It’s their baby. When a lower court denies a case on legal standing, the SCOTUS needs a compelling reason to overlook the standing argument. IIRC, both of these cases involved retired military, each trying to claim standing based on the chance of being called up by an illegal president to serve in the military. You’re supposed to have particularized harm, not something speculative. I can’t see one justice bringing such a case before the other justices on a weak claim of legal standing. I’ll try to look at these cases later, but the ones I’ve seen prior haven’t done a good job of explaining the citizen parents requirement as established in Minor v. Happersett. Usually there’s more emphasis on Vattel, which is fine, but not as compelling as the precedent in Minor.


148 posted on 07/06/2011 4:04:09 PM PDT by edge919
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