My point, or my question, was about the headline of this thread and what the judge actually said vs. what the blogosphere reports in its echo chamber. I can’t imagine a judge saying a case will be tried on its merits before an answer is filed. That just doesn’t ring true.
Getting Obama served thru the US attorneys negates Dr. Taitz’s getting the default, which would conceivably lead to the discovery she seeks. So that’s a pyrrhic victory.
Once the answer is filed, you KNOW they will move to dismiss on a variety of legal grounds. That will invite a round or two of briefing. The judge could conclude from those briefs that there are or are not grounds to proceed.
But I’d bet dollars to donuts that he did NOT say that the case will now proceed on its merits.
I hate to be the skunk at the garden party, but we’ve been led down the rosy lane a few times too often. I’ll hold off celebrating until I can read the transcript of today’s hearing, and then Judge Carter’s issuing a Scheduling Order to include discovery.
“...the transcript of today’s hearing...’
WHEN, WHERE available?
>Once the answer is filed, you KNOW they will move to dismiss on a variety of legal grounds. That will invite a round or two of briefing. The judge could conclude from those briefs that there are or are not grounds to proceed.
But I’d bet dollars to donuts that he did NOT say that the case will now proceed on its merits.<
correct me if i am wrong, i may well be. But if she gets the default then the arguments to dismiss can not be presented at this late time. That was the whole point i think???
This just slipped through the cracks of the Obama legal team and they can’t use the same tactics to keep it out of the courts as they have been.
if that is the case, then him saying that the case will proceed on it’s merits is only saying that he will hear the case and that the technicality of “standing” has been passed.