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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: DMaA who wrote (93219)11/3/2008 8:45:39 AM
From: epicure  Read Replies (1) | Respond to of 541373
 
No. They aren't.

Obviously you didn't read the decision:

In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can't sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.

Surrick defers to Congress, saying that the legislature could determine "that citizens, voters, or party members should police
the Constitution's eligibility requirements for the Presidency," but that it would take new laws to grant individual citizens that ability.

"Until that time," Surrick says, "voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring."

............

I am sure it will be upheld, not only because I think the legal analysis is correct, but there's a good public policy argument to be made for this result as well.