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1 posted on 10/21/2009 9:02:37 AM PDT by BuckeyeTexan
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To: mlo; Non-Sequitur; parsifal; Pilsner; Drew68; curiosity; Sibre Fan; El Sordo; MilspecRob; ...

Ping.

Mario Apuzzo’s lawsuit dimissed.


2 posted on 10/21/2009 9:04:16 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

Another chicken sh*t reading of the law.


6 posted on 10/21/2009 9:11:25 AM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: BuckeyeTexan

I wish I understood who exactly does have “ standing”
So far citizens don’t, a presidental candidate doesn’t and active duty military don’t

Who does?
OR as more likely all judges will rule for odumbo


9 posted on 10/21/2009 9:19:37 AM PDT by RWGinger
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To: BuckeyeTexan
Disappointing. I hope this continues through an appeal process.

In the meantime, we need to keep the pressure on our elected representatives to slow down the juggernaut, to organize our efforts for upcoming elections, and wake up our fellow citizens to the threat we are facing.

10 posted on 10/21/2009 9:20:31 AM PDT by Think free or die (The problem with socialism is that you eventually run out of other people's money - M.Thatcher)
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To: BuckeyeTexan

“FREE THE LONG FORM!”


15 posted on 10/21/2009 9:27:23 AM PDT by Dryman ("FREE THE LONG FORM!")
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To: BuckeyeTexan

Brief explanation of who has “standing”:

STANDING - The legal right to initiate a lawsuit. To do so, a person

must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.

There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) a causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and (3) a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. Lujan v. Defenders of Wildlife, 112 S. Ct. 2130, 2136 (1992) (Lujan). The party invoking federal jurisdiction bears the burden of establishing each of these elements. Id.

In deciding whether xxx has standing, a court must consider the allegations of fact contained in xxx’s declaration and other affidavits in support of his assertion of standing. See Warth v. Seldin, 422 U.S. 490, 501 (1974) (Warth). see also Warth, 422 U.S. at 501 (when addressing motion to dismiss for lack of standing, both district court and court of appeals must accept as true all material allegations of the complaint and must construe the complaint in favor of the party claiming standing).

Standing is founded “in concern about the proper—and properly limited—role of the courts in a democratic society. “ Warth, 422 U.S. at 498. When an individual seeks to avail himself of the federal courts to determine the validity of a legislative action, he must show that he “is immediately in danger of sustaining a direct injury.” Ex parte Levitt, 302 U.S. 633, 634 (1937). This requirement is necessary to ensure that “federal courts reserve their judicial power for `concrete legal issues, presented in actual cases, not abstractions.’ “ Associated General Contractors of California v. Coalition for Economic Equity, 950 F.2d 1401, 1406 (9th Cir. 1991) (quoting United Public Workers, 330 U.S. at 89), cert. denied, 112 S. Ct. 1670 (1992). National Environmental Policy Act (NEPA), 42 U.S.C. S 4331, et seq.

Someone who seeks injunctive or declaratory relief “must show `a very significant possibility’ of future harm in order to have standing to bring suit.” Nelsen v. King County, 895 F.2d 1248, 1250 (9th Cir. 1990), cert. denied, 112 S. Ct. 875 (1992).

Now we need to decide if these suits are brought about by someone who has “standing”.....comments???


16 posted on 10/21/2009 9:27:47 AM PDT by illiac (If we don't change directions soon, we'll get where we're going)
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To: BuckeyeTexan
1) So what does this mean for the California Case?

2) Are any of Orly's plantiff's significantly different? Does any of hers have actual orders that haven't been recinded?

3) Question: With regards to "Natural Born":

What impact would the equal Rights Amendment have if the 1790 definition holds? Would the equal right amendment retroactively allow the Mother to pass "Natural Born" citizenry even though under age given the laws at the time?
17 posted on 10/21/2009 9:28:23 AM PDT by DannyTN
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To: BuckeyeTexan

Oh, and something else. Did you notice that none of us “trolls” and “pro-Obama” agents ever jumped on the lawyer in this lawsuit. And we never poked fun at the legal proceedings there. I wonder why that is? Oh, I know. The attorneys here may have had a questionable case legally speaking, but they pursued it like professional attorneys and did not trash the courts, did not trash Obama, file in multiple jurisdictions, introduce obviously phony evidence, and carry on like legal maniacs.

They made their case, argued their reasoning and law, and lost like professionals. In addition, they did not have the entire country laughing at them the way it is at Orly. Nobody is getting sanctions filed on them here. Nobody is alleging Eric Holder met the judge in a coffee shop.

parsy, who thought this needed to be said


28 posted on 10/21/2009 9:39:55 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BuckeyeTexan

And another one bites, and another one bites, and another one bites the dust.


36 posted on 10/21/2009 9:46:54 AM PDT by Non-Sequitur
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To: BuckeyeTexan
This is why a quo warranto action needs to be filed in the D.C. District Court. Standing would not be an issue.
38 posted on 10/21/2009 9:55:11 AM PDT by SeaHawkFan
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To: BuckeyeTexan

Another clear cut example of the difference between ‘legal’ and ‘moral’. This decision is well written, well cited, and concise. It is legally correct.
It is, however, a moral abomination. It is a prime example of what is wrong in the US judiciary. There is a valid Constitutional question in play, here. And, to this point, NO one has standing? Bull Puckey!

It is decisions like this that will drive this nation to its next revolution.


48 posted on 10/21/2009 10:06:40 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: BuckeyeTexan

Headline should have read: Judge in eligibility case receives offer he can’t refuse!


52 posted on 10/21/2009 10:12:15 AM PDT by drypowder
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To: BuckeyeTexan

http://www.breitbart.tv/obama-answers-curious-students-question-about-birthplace/


65 posted on 10/21/2009 10:31:13 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: Red Steel

PING!!!


96 posted on 10/21/2009 12:09:15 PM PDT by circumbendibus (Where's the Birth Certificate?)
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To: BuckeyeTexan

courts to citizens and taxpayers: You have no standing.


107 posted on 10/21/2009 12:59:08 PM PDT by paul51 (11 September 2001 - Never forget)
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To: BuckeyeTexan; All
The judge, Simandle, was an early advocate of SDS, a commie front for many left wing losers in the 70’s. He was later promoted by Jimmy Carter-- the only President who can challenge zero as our worst in the last 100 years, Bush 41—who knows why, and finally Joe Biden.
With references like this and a history like his its no wonder the verdict came out like it did. Our side most likely never had a chance.
114 posted on 10/21/2009 1:25:29 PM PDT by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: BuckeyeTexan

obumpa


121 posted on 10/21/2009 2:08:42 PM PDT by Dajjal (Obama is an Ericksonian NLP hypnotist.)
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To: BuckeyeTexan
Up until last year, I used to laugh at those who subscribed to conspiracy theories, but now I've changed my tune.

Who the #^$@ has "standing"? Doesn't the Constitution matter any more? The truth only matters if it's a benefit to the Rats politically. If truth doesn't benefit them or poses a risk to their stranglehold on power, then you have no "standing." Pathetic!

236 posted on 10/22/2009 11:29:58 AM PDT by thecraw (God allows evil...God allowed Hussein...Lord willing he'll give us Sarah to clean up the huge mess.)
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