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Originally Posted by Brick
Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters."
Can you believe that? Individual voters would not be harmed by the Unconstitutional act of an ineligible person becoming President. Damn we really need more judges like this guy! AFAIC Every U.S. citizen should have standing in this kind of suit!
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I for one think the judge reached the right result in this case. The judiciary branch does not have the authority to decide any and all questions presented to it. Indeed, it is constitutionally barred from hearing something that is not an "actual case or controversy" (Article III, Sec. 2, Clause 1):
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The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
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Additionally, common-law doctrine requires a particularized injury (either existing or imminent), not merely a generalized, vague, attentuated injury shared among many people. The plaintiff in this case fails to claim a particularized injury, so his case is dismissed for lack of standing.