To: pettifogger
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?
To: aristeides
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 basisBecause they saw an opportunity to issue a ridiculous ruling.
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