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To: pissant
Standing is arguable. So also is the existence of a "case or controversy"--because Obama might not win the election.

Good news is that the judge has had several opportunities to kick the lawsuit out on these grounds and has not done so.

The best case or controversy argument is that neither candidate is eligible under Article II, Sec. 1 (and thus harm does not depend on who wins). And that argument also supports the standing argument.

As to standing, joinder of election officials; maybe joinder of election officials in other jurisdictions; maybe joinder of the actual electors in Pennsylvania would support Berg's position.

49 posted on 10/11/2008 9:00:04 AM PDT by David (...)
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To: David

I was wondering what your opinion of this would be:) Given the date requested by Berg- is the judge going to answer one way or another by the 15th?


52 posted on 10/11/2008 9:54:39 AM PDT by SE Mom (Proud mom of an Iraq war combat vet)
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