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


To: Dale Baker who wrote (95016)11/9/2008 2:33:39 PM
From: Travis_Bickle  Respond to of 541747
 
One side is arguing the case should be heard by the SCOTUS, one side is arguing it shouldn't.

The issue before the court is standing to sue in federal district court.

I doubt the case raises any new issues re standing in federal district court, so the SCOTUS will almost certainly decline to hear it.

If the plaintiff Berg wins at the SCOTUS level, then it goes back to federal district court, and the judge there has to accept that Berg has standing to sue.

At that point the federal district court judge can toss the suit out on the merits or let it proceed and possibly get to a jury.



To: Dale Baker who wrote (95016)11/9/2008 2:36:35 PM
From: epicure  Respond to of 541747
 
:-)
I see someone else answered. Sorry. I forget lawyer speak is a little weird.



To: Dale Baker who wrote (95016)11/9/2008 5:05:00 PM
From: Rambi  Read Replies (1) | Respond to of 541747
 
I researched that headline after seeing it at PfP this morning, and decided not to even bring it here after realizing what it really was (another rw fantasy). I did send a PM to the poster explaining what the request for a writ of certiorari was, and that someone on the RW blog side just got creative and and made up the part about Souter demanding Obama produce the REAL bc. If you google it now, you get dozens of hits as if it were true, but they all trace back to the same unofficial fictive source.

It's very much like that unsigned order from the lower court that Berg had submitted that they were sure meant O HAD to produce it. See what you want to see.

The only sure thing is that Berg is taking it as far as he can. The court gets thousands of requests and only takes a small percentage, and I wouldn't bet money on his being granted.