Please take note, from our argument earlier that they did NOT claim that Berg did not have standing to bring the law suit. Though, I have to admit that the standing argument is better than trying to say the federal court has no subject matter jurisdiction!? If the federal court has no subject matter jurisdiction than who does?
Not stating a claim upon which relief can be granted is a boilerplate affirmative defense. I think this is also a nothing argument. Quite frankly I’m shocked that they have not presented proof to the other side.
But since Nobama is doing as well as he is in the polls, one has to wonder if Berg will withdraw the suit. He is a Democrat.
I hope Berg will push it to know end.