I’m no constitutional lawyer but while reading the threads on the states’ filings against the health care bill, I noted that Florida and Virginia filed IIRC in a circuit court and expected the case to get bumped to the Supreme Court. I believe a circuit court can pass on a case if they choose and pass it up to the next level. At any rate, a case filed by a state HAS to be taken by SCOTUS, according to the articles I read. So I thought, why not an eligibility case? If EVERY case brought by a state has to be taken, then the states would automatically get standing. A lawyer should check this theory out since I picked up the notion from several articles written by journalists who may or may not have had their facts correct.
Maybe you should ping that idea to some of the legal minds on FR.
Would you legal eagles please take one moment to read the post at the link below? Am I showing my ignorance or is there any merit to the idea?
http://www.freerepublic.com/focus/news/2501537/posts?page=94#94
Thanks!