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> Because the plaintiff lacks the standing to sue. Same reason why
Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the judge, always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law. -- Chief Justice John Marshall The Verdict is still out on Judge Carter on "standing", Non-Seq. More likely than not, at least ONE of the 50-plus plaintiffs have that standing, in this post-inaugural case. He's given Orly "tips" on filing issues — I can't see why he wouldn't again. Judge Carter is sharp and will stay within his judicial guidelines. Additionally, we'll have to see if the merits outweigh any pre-trial blunders and nagging post-election questions of Mr. Obama's eligibility questions. Judge Carter's interest in this case is apparent, while granting Orly significant latitude for no apparent reason. As we know, what tagged Richard Nixon and Bill Clinton was not the deed, but the cover-up of the deed. If there's a hint of that here — especially now from any perceived tampering from Obama's Justice Dept — that alone might give the judge enough judicial justification (and just plain old curiosity) to authorize discovery to see what's REALLY going on here. |
Hasn't even been addressed yet. But now that the defense has moved to dismiss then it is a matter for the court to consider.
More likely than not, at least ONE of the 50-plus plaintiffs have that standing, in this post-inaugural case.
Which one and why?
He's given Orly "tips" on filing issues — I can't see why he wouldn't again. Judge Carter is sharp and will stay within his judicial guidelines...Judge Carter's interest in this case is apparent, while granting Orly significant latitude for no apparent reason.
Oh there is a reason. Judge Carter walked Taitz through the process of properly serving the defense only because Tatiz was so inept that she needed them...and because he wasn't willing to dismiss it right of the bat on procedural grounds. Judge Carter, quite rightly, exercised his judicial perogative to cut her some slack. To dismiss on a technicality would only allow her to file again at a later date, and is the only reason why Judge Carter granted her that latitude. He said, again quite rightly, that the case would be decided on it's merits and not because the plaintiff's attorney has no understanding of procedure. Well, the time will come for it to be decided on merits. The defense has moved to dismiss. It is up to the Judge to decide if their motion is to be granted or not.
If there's a hint of that here — especially now from any perceived tampering from Obama's Justice Dept — that alone might give the judge enough judicial justification (and just plain old curiosity) to authorize discovery to see what's REALLY going on here.
What Justice Department tampering do you perceive? Just curious.