[BIGLOOK]

Allow this question, JAG, concerning the Chain of Command.

Lakin's orders to deploy came from his unit 's Command, which came from a detailer somewhere in the Pentagon or CentCom and none of the upper echelons protested the legality of the ongoing conflict in the area to which he refused deployment.
Ipso facto, his challenge was presented incorrectly and subsequently without standing?

Personally, I think he should have resigned in protest and followed another course of action and another venue to challenge the eligibility issue; like his home of record and it's state court system, try to subpoena records on file from the state's election officer who passed on Obama's qualifications and eligibility to become a candidate in the first place.

[OldDeckHand]

"his challenge was presented incorrectly and subsequently without standing?"

I'm not quite sure I understand what you're asking, but the eligibility of any of his commanders may not necessarily be material to the lawfulness of order. It's a little complicated, but the case law surrounding such circumstances is fairly straightforward - so long as an officer is only exercising authority that is inherent in the office he holds, that authority is legally binding even though the officer himself may be holding the office by some defect.

More to Lakin's particular circumstance, he's questioning the authority of the President to issue order - a man that is about as far removed from his commander officer as you can get. People have tried to make similar arguments before - that presidents were issuing illegal orders - that have gone NOWHERE. I doubt this case will be any different.

[El Gato]

Personally, I think he should have resigned in protest and followed another course of action and another venue to challenge the eligibility issue; like his home of record and it's state court system, try to subpoena records on file from the state's election officer who passed on Obama's qualifications and eligibility to become a candidate in the first place.

If he'd done that, he'd most likely have been ruled to have no standing. (No particularized injury)