This may not be news to any of you guys, but it is to me.
So I’m in my history class today and discover the first time a judge refused to hear a case based on “standing” and it was essentially a way to get out of ruling on a case that would get the court in hot water or prove itself impotent in the actual enforcement of the ruling.
Marbury Vs. Madison- Chief Justice John Marshall didn’t want to issue an order to Sec of State Madison that he knew Madison would ignore, but he also supported Marbury’s position. So.... “judicial review” was born and wala, we have the first case of kick the judicial can.
And we see it still applies today. When a judge is a weenie, “standing” applies.
Yep. Thats whats being done here. The entire judicial system knows this is a case that MUCT go to SCOTUS. The fastest way to do that is to dismiss on standing so that the plaintiffs can get the right appellate court to appeal it to. Actually winning the case would be the best thing for Obama, because they could conceivably tie it up in court for YEARS by choosing the wrong appellate courts.
Think if it like a chess game. You are going to ahve to make some sacrifices to win, and sometimes what looks like losing is actually just the path to the goal.
The After-birthers all think this is great. They will continue to do so until its actually being argued before SCOTUS at which point they will LOSE THEIR MINDS.