[aristeides]

Government lawyers probably thought they didn't need to raise the issue of standing, because they thought the motion to dismiss for failure to state a claim was a winner. But why, in the absence of a factual basis, did the Ninth Circuit rule on the issue of standing, instead of just reversing the district court on the issue of failure to state a claim and remanding on that basis?

[pettifogger]

But why, in the absence of a factual basis, did the Ninth Circuit rule on the issue of standing, instead of just reversing the district court on the issue of failure to state a claim and remanding on that basis

Because they saw an opportunity to issue a ridiculous ruling.