Are we all just whistling in the wind here? No one wants this any more than I do, but I’m afraid it will go nowhere. I think the judges are afraid to take REAL action, and maybe it’s a fear of a constitutional crisis, maybe it’s a fear of Chicago politicians, maybe a few of rioting. Something is holding them back.
They may be forced out in the open to do the right thing.
Fear... yeah that's good, Lets all be afraid... just like Patrick Henry and the signers of the Declaration of Independence. /sarc
I've been here at Free Republic since 1997 ... I've noticed a definite change... now we're overrun by "Fearful" posters who love to complain but haven't the cojones to fight for principle or even their liberty.
Pending replies from actual lawyers I will offer that this will likely go nowhere.
From memory, Orly's ability to file additional motions was cut off five days before the Oct 5 hearing, and the case was dismissed “with prejudice” meaning don't even try to file another motion with the court on this case...go directly to an appeal or to another court.
Orly's case was dismissed for lack of jurisdiction, including failure to state a claim that the court can remedy and failure to complete service timely (before inauguration). All of this would still be true in DC except for the quo warranto part.
Orly is misleading the bench intentionally or unintentionally when she claims that the defense argued that DC was the correct jurisdiction for this case. DOJ argured that DC was the correct venue for quo warranto, but argued that quo warranto didn't apply to the POTUS.
Judge Carter disagreed in his ruling and said that DC actually was the correct venue for quo warranto for the POTUS, which made D’Onofrio’s day.
To me this means that Orly's motion here is pointless and her correct action is to re-file from scratch in DC for quo warranto with only the candidates who were on the ballot with Obama as plaintiffs and without including any of the other issues that are still on appeal by Kreep in CA. For Orly to try to get DC Circuit to re-litigate the non-quo warranto part of the case with all of the military plaintifs all over on a transfer would appear to be blatant forum shopping.