Federal Rules of Civil Procedure
Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
(b) How to Present Defenses.
Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction;
(3) improper venue;
(4) insufficient process;
(5) insufficient service of process;
(6) FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; and
(7) failure to join a party under Rule 19.
A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
http://www.law.cornell.edu/rules/frcp/Rule12.htm
Responsive Pleading
A formal declaration by a party in reply to a prior declaration by an opponent.
Before a lawsuit goes to trial, each party makes a series of formal written declarations to the court. These declarations are called pleadings. Generally, they consist of factual claims, allegations, and legal defenses; the parties assert their respective versions of what happened and how they want the court to rule. Typically, this involves the plaintiff filing a complaint and the defendant responding with an answer. This process can occur several times, depending on the complexity of the case. For example, a party may amend its pleadings, which in turn allows the opposing party to answer the amended Pleading. When the answers respond to the factual assertions of an opponent’s prior pleading, for example, by denying them, they are called responsive pleadings. This process is also known as joining issue.
The distinguishing feature of a responsive pleading is that it replies to the merits of the allegations raised by an opposing party. By contrast, parties may choose to ignore the substance of an opponent’s pleading and ask the court to dismiss the lawsuit on some other grounds, such as the court’s lack of jurisdiction over the suit.
Per your quote from FRE:
“Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:”
“(6) FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED”
This just affirms my point.
A failure such as this is failure of an element of standing and if the pleading of such a failure is sustained by the court the hearing will not proceed on the merits and the case will be dismissed, as has been true on all eligibility cases so far.