that the rest of the Judges discussion is mootI didn't reference his opinion, I referenced a fact that he included to support an argument. The mootness of his opinion doesn't negate the fact that FDR Jr was born in Canada and there was much discussion of his eligibility to succeed his father. I wouldn't have included the reference though if I had actually looked at the Jr. It's not strong support for this discussion.
The part of the Hollander opinion that is important is where the judge found the plaintiff lacked standing. I don't see where Mr. Berg has any greater standing than Mr. Hollander.
Or another Justice might argue that the proper remedy was legislative, not judicial.
Of course the ruling went dreadfully against Scott and not only against Scott, but against the whole class of slaves and ex-slaves, and even reached out and grabbed into shackles any negro African!
What wonderful leaps of judgment men make when unbound from the G-d of Nature's law, or rather by pride of legal logic bound in rough irons, unbreakable, to follies of process.
* * *
Under the Constitution, it has been said that the proper place to assert claims against a candidate for not meeting the requirements for Presidency is in the electoral college and in the Congress when it contests the electoral college's decision -- that is when the President-to-be is finally known.
Yet there is a rule of nature against stealing people's time, and against misrepresentation in order to gain money or tangible favor. When a charlatan, mesmerizing or supported by the powerful for their own aims, runs for President I am harmed and you are, too. Our time, our energy, our funds are given through false premise into a cause. Yet because we are members of general class we have no standing to complaint, to demand a stop to it?
There's a break-down in natural law. And Natural Law has it's own defenses and it's own aetheral prosecutorial staff that at some point known only to G-d, Himself -- swing into action. And when they come to bring the charges it's against the nation as a whole.
* * *
Justice Taney was a G-d-fearing man. But he let the process of the logic of law lead us all into breaking natural law in a hideous way. The resultant was a bloodier war than mankind has ever seen, where Death's Syckle swung quickly and up and down the field.