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To: DSH

If even one strongly wants it to be heard there is often further consideration. That would lend additional strength to the contention that such an interest is more likely in the only case to go to SCOTUS so far in which standing is not the issue but the questions presented go to the merits.


152 posted on 12/29/2010 4:12:38 PM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: AmericanVictory

If even one strongly wants it to be heard there is often further consideration. That would lend additional strength to the contention that such an interest is more likely in the only case to go to SCOTUS so far in which standing is not the issue but the questions presented go to the merits.


The issues under consideration by the Supreme Court at cert conference are: did the District Court err in its dismissal for “failure to state a claim upon which relief can be granted” (which was affirmed by the Court of Appeals) and did the District Court err in imposing court costs as a sanction on plaintiff’s attorney for violating the federal rules of evidence (also affirmed by the Court of Appeals).
And finally, did the District Court judge show bias in imposing a court costs sanction on plaintiff’s attorney. (Again, the Appeals Court said that the was no personal bias).

“Merits” are not under consideration by the Supreme Court with regard to this Petition for a Writ of Certiorari.
If the Supreme Court was to grant cert and if the Court ruled in plaintiff’s favor, this appeal would then go back to the District Court where the issue of dismissal on grounds of standing would most likely be the next legal strategy of the Soetoro/Obama defense.


154 posted on 12/29/2010 4:36:48 PM PST by jamese777
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