Generally speaking, “standing” is a legal “device” used to make sure that a party suing have a “unique” and vested” interest in the outcome. (Those terms have specific legal meanings). It’s real purpose is to make sure that people aren’t suing for anything and everything. For instance, I can’t sue someone who breached your contract if I don’t have a specific legal interest in that contract. Let’s say I am your brother. Of course I have an “interest” in it as I want you to get that to which you are entitled. However, I do not have a “legal” interest in that I was not party to the contract.
As legal procedures developed, this fundamental concept of standing had to be applied to large groups that might want to sue an issue, i.e. class actions, etc. But the standing rulings that are applied in this case are the ones developed in people suing the Govt over general tax issues, i.e. spending taxes on abortion, or war, or research of apples, etc.
Now the problem with the tax cases, if the fact that since you were an American citizen of COURSE you h0ve a vested interest in the matter, and it does affect you directly, is that if you permit the average citizen to sue, you have just spelled the deathknell of our legal system. Millions upon millions of cases would be filed and the system would shut down. So the standing rules that have developed (and these are followed universally by liberal and conservative judges) is that in order to sue you must have an interest in the proceeding unique from the population at large. For instance, if the Govt uses tax money that results in the destruction of your property through government pig farming, then you can sue. However, your neighbor down the street that has religious beliefs that prohibit pig farming may not.
Again, this is one of those very few issues that knows no ideology. Conservative and liberal judges alike are in lock step on standing.
As it pertains to suing over the BC, it’s like the tax cases. You must show something unique in the injury over and above the populace at large. Saying something like “it affects me because it is unconstitutional” isn’t unique. And regardless of what you think of the underlying issue with the BC, it makes no difference if you can’t show a unique injury. If they were to permit standing in the BC case, they would likely have to start permitting the tax cases.
This begs the question . . . who has standing. That’s a good question and beats the hell out of me. I haven’t done mountains of research on these issues but have read many of the pleadings and done a bit of research. The only group that may have standing would be Congress or an elector or some other governmental entity that has some procedural interest in the matter.
Furthermore, there is the problem of even if it gets to SCOTUS, they could even say that the purpose of this constitutional provision was unique to it’s time and that as long as Obama was a citizen at some point is enough. They could also say that the time to object has passes. The could say that it is the sole purview of Congress to decide the issue as they count the electoral votes.
But absent something glaring like Arnold trying to run, this issue is never ever ever ever going to be ruled upon by any court in this country. Ever. It’s always going to get kicked (at some level) due tothe standing issue.
And even if some lower court state judge ruled otherwise, it will be meaningless because nothing will happen as it goes through the appeal process where it will be overturned.
It’s a dead issue and a waste of time. And it isn’t going to be too long before they start hitting the Plaintiffs for costs and attorney’s fees for filing frivolous lawsuits.
And while I know no one here likes this answer, I hope it helped a bit. =)
Apologize for any typos. Too tired to go back and check this. Night.
P.S. Freely petition doesn’t mean ya get to file lawsuits. it just means, pretty much, you can bitch at them and they can’t arrest you for it.
Again, thank you!
A very good explanation of standing. Thank you.
It is not a dead issue. Go to dr. Edwin Vierira’s web site and read two of his blogs. One in Oct or Nov and one in dec. It tells how a plaintiff will have standing if they are prosecuted for any law Obama signs. This is one way. Orly may have found another.