No, the judge had a lengthy discussion in his opinion about this. Prior to the swearing-in of Obama, McCain AND Alan Keyes both had standing. The judge was very careful not to exclude a candidate because they were a minor candidate.
The judge considers the swearing-in ceremony the point at which Obama IS POTUS. Now, only Congress has standing.
What I gather is that the Judge has ruled his opinion that at the moment Obama was sworn in he officially became President and after that moment standing to remove him by civilians and military members ceased to exist except for only Congress through impeachment or the 25th ammendment.
What Carters message in his decision also means is that since Obama will be a incumbent President in the next election, no other upcoming challenging candidate will have standing either because he will still be the President during the next campaign because he was sworn in office in 09. Congress will still be the only entity to have standing.
Wasn’t there e screw up with a clerk not filing the motion on time, and it was delayed???