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To: browardchad

I see nothing in here that indicates that any of these plaintiffs were in the military and in fact the selection clearly signals that they were not. It is a discussion of generalized Article III standing. Why does the early post say that they were active miiitary? That would seem to be misleading.


172 posted on 10/21/2009 7:36:59 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: AmericanVictory
Kerchner is in the U.S. Naval Reserves. Nelsen is a former member of the Marine Reserves and Army National Guard. Neither is active.

Kerchner argued “while currently not statutorily subject to recall, by Executive Order of the President or an act of Congress in extreme national emergency” Mr. Kerchner might be recalled.

In the opinion, the Court said:

...Plaintiffs point to the risk that Mr. Kerchner may be recalled to active duty in the U.S. Naval Reserves by Executive Order of the President or an act of Congress in an extreme national emergency. Under these circumstances, Mr. Kerchner “would need to know whether the President and Commander in Chief who may be giving him orders is in fact the legitimate President and Commander in Chief and therefore obligate him to follow those orders or risk being prosecuted for disobeying such legitimate orders.” (Second Am. Compl. ¶ 8.) While the Court has doubts about the particularity of this harm, the Court will not address this issue because the alleged harm is neither actual nor imminent, but rather is impermissibly conjectural. The hypothetical nature of this future injury, conditioned on the occurrence of “an extreme national emergency,” is not an “injury in fact” necessary to establish standing.


211 posted on 10/21/2009 11:46:46 PM PDT by browardchad ("Everyone is entitled to his own opinion, but not to his own fact." - Daniel P Moynihan)
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