[kidd]

It would seem that the 9th Circuit could reverse Judge Carter on this point, if it made a difference

This seems to have been the main sticking point in Judge Carter's opinion.

- There will be no discovery, because Keyes lacked standing
- Keyes lacked standing because THIS court lacked jurisdiction (NOT because ther was no injury)
- This court lacked jurisdiction because the case was filed after the swearing in ceremony.

but...

- the swearing in was repeated...the only reason to repeat it was because the first one was invalid (a point that could easily be made in court)...

[Uncle Chip]

This seems to have been the main sticking point in Judge Carter's opinion. - There will be no discovery, because Keyes lacked standing - Keyes lacked standing because THIS court lacked jurisdiction (NOT because ther was no injury) - This court lacked jurisdiction because the case was filed after the swearing in ceremony. but... - the swearing in was repeated...the only reason to repeat it was because the first one was invalid (a point that could easily be made in court)...

Excellent Point