Also, how does Nuremberg (the post-WWII trials of the Nazi war criminals) apply to this case, as argued in the plaintiff's brief?
As far as the Nuremberg trials go with relation to this case, basically, a defense of "I was only following orders" is not an acceptable defense if brought up on war crimes type charges.
Col. Hollister maintains that if he were to be called into action (a distinct possibility, no matter how seemingly small) and he were to "follow orders" given to him by his chain of command which includes Barry, if it turns up later that Barry gave unlawful orders because he's a usurper POTUS...Col. Hollister would STILL be personally accountable for following those unlawful orders. If I'm not mistaken, officers are supposed to question an order if they believe that order is an unlawful one. Col. Hollister raises the question via the lawsuit.
The dismissal of the lower court was explicitly under Rule 12(b)(6) for failure to state a claim after it found that it did have subject matter jurisdiction. A dismissal for lack of standing would have been under Rule 12(b)(1) rather than Rule 12(b)(6). A rule 12(b)(6) dismissal in effect says that you do have standing but the claim that you have made, even if true, does not entitle you to relief whereas if you had stated a claim under the merits of the subject matter jurisdiction that was found you could go forward into discovery.