I would love to see some case law on that.
My law school class in federal jurisdiction was taught by a judge on the 9th Circuit—and a perennial but ultimately unsuccessful candidate for the USSC. I became more and more confused as the class progressed, and by the end of the semester was absolutely baffled. The entire subject matter was like a series of zen koans except that I was better prepared to rationally discuss the sound of one hand clapping than I was justicability, or mootness, or ripeness.
But I digress, my question to you: If you were retained to obtain the Obama long form birth certificate, how would you go about it? Would you confine your suit(s) to the federal courts? Absent your ability to enlist a high profile client, and I’m not talking about a gadfly along the lines of Alan Keyes, what type of plaintiff would you be looking for? How would you address the issue of standing? Surmount the “political question” barrier? And deal with justicability?
I’m not trying to put you on the spot. But the issue presents an interesting legal challenge, and the level of lawyering on display, particularly as involves the actions coming out of California, has been...let’s just say, interesting.
Best Regards,