[fightinJAG]

Welll . . . if there’s no standing, usually a judge won’t allow anything to go forward. You can’t fix standing and you can’t “be a little pregnant.”

I’m not saying a judge couldn’t find some reason to allow some action, but I doubt it.

The plaintiffs have to find some othe way to reach the factual issues, besides the question of whether Obama is qualified under the Constitution to be President. I haven’t followed this at all, so no idea what those ways might be.

[Reaganwuzthebest]

In all likelihood you're probably correct however I did find it interesting that the DNC filed a Protective Order motion to suppress any discovery pending the decision on the motion to dismiss. Such an action is no doubt routine in most civil cases but the reason it's done is because the judge has the discretion to allow discovery in before deciding to dismiss.

Sometimes from what I've read the discovery evidence can actually be useful in the determination to move forward or not though having a lack of standing might mean discovery isn't relevant to the case. We'll just have to wait and see, hopefully he rules tomorrow.