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.
“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.
The issue of whether or not the merits were set out so as to require their consideration is very much at issue. Therefore the merits as alleged are put forward in the questions presented, unlike in other cases where the questions presented are taken up with standing as the issue. So your assertion is not quite correct. One cannot examine the question of whether a cause is stated without examining the causes that are or are not stated. Try reading Wright & Miller or any other authoritative rules treatise on Rule 12(b)(6) dismissals. A good part of the weakness of Robertson’s opinion in this case, in addition to its evident and egregious bias, is the failure to examine the actual issues claimed due to a preoccupation with one of several disjunctive phrases in the statute in question.