As a retired BG lifetime subject to active duty recall he definitely has standing!
Probably. But he's not "recently retired". I found referance to him being Commander of the 459th Tactical Airlift Wing, Andrews AFB, MD, as a reserve BG, in 1982.
He was also listed as Chairman of the Constitution Party Veterans Coalition as of 2006.
Still, he likely does have standing, or should. But then so should we all.
Standing requires (among other things) an immediate, direct, personal stake in the case. Since it is purely speculative whether he will ever be recalled to active duty, the court will find that he lacks standing.
Not necessarily so. If he is over the age of 60, he is not subject to recall. Also, when retired his commission is no longer active. To be recalled, he would be “reappointed” to his commissioned rank - and I'm pretty sure he can turn down the appointment. I believe only officers of 4 star rank (maybe 3 stars also) permanently hold their commissions....and then only if granted by congress upon their retirement. Even then their status is questionable. To continue to hold a rank and military commission would make one subject to the UCMJ. Look at some of the treasonous statements made by retired generals and ask yourself why they haven't been charged under the UCMJ. Because the rank is now more honorary than actual.
The only way there will be a clear cut case for someone in the military to have standing would be if “President Obama” issued a questionable order and MANY members (mainly officers) of the military were to refuse on the grounds that he did not constitutionally hold the office. Nobody is going to do that.
I think President Obama’s birth circumstances are questionable and think he may be a “fraud”. However, I'm not willing to put my neck out and refuse an order when it is only a suspicion. I'm guessing 99.9999% of the military feel the same.