When you get to the Supreme Court, your client party wants you to look carefully at where the individual justices come down on his issue. So you are looking for a client on the opposite side.
Certiorari is granted on a vote of four Justices. So maybe you have a client who prevailed on a lower appellate court decision where the two ladies were two of the four votes to hear the case--then you move to strike the writ on the grounds they are not qualified. "
Wouldn't the all elusive "standing" need to be found in order to get to discovery in order to determine the claim that they (Barry's SCOTUS picks) are not qualified? That brings the issue right back to where we are now. No?
That's the point of my careful description of how the issue would come up--in each of those cases, the person or party raising the issue would by definition have standing.