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Did you ever wonder why it is that so many court cases seem to be decided upon the issue of Standing (or Lack Thereof) rather than the Merits of the Actual Case?
I hope you’re sitting down as I tell you a bit of the history of Legal Standing.
My understanding is that the late, great Justice Antonin Scalia wrote an opinion that basically set the stage for Standing.
That piqued my interest because I couldn’t understand how Justice Scalia, a scholarly man whom I have great admiration for would have agreed with a Doctrine that potentially places the Constitutionally Codified Right of Every Legal, Lawful American Citizen to Petition Their Government for a Redress of Grievance at odds with Seeking Justice. So I looked back to a case where Justice Scalia discussed Standing.
Please see Manuel Lujan Jr. Secretary of the Interior, Petitioner v. Defenders OF WILDLIFE et al. (90-1424), 504 U.S. 555 (1992).
This case was about two women who back in the 1980’s were complaining about the US government assisting in the construction of the Aswan High Dam on the Nile and in assisting with Egypt’s Master Water Plan. One lady said that if this construction continued she potentially would not being able to go back to visit Egypt to observe the traditional habitat of the endangered Nile crocodile and the other lady said that she would not be able to return to Sri Lanka to hopefully spot the endangered elephant and leopard, even though she had no immediate plans to do so.
In his deciding opinion Justice Scalia said that these two women didn’t have Standing to force the halting of these projects.
That could be considered understandably clear logic, but what do you think Justice Scalia would say if he knew that the Judiciary now uses the “lack of standing” argument first identified when a couple of women complained about not being able to revisit the natural habitat of certain endangered species as a reason why they would not adjudicate the merits of the harm committed against each and every lawful and legal American citizen as a result of a stolen Presidential election!!??
(Please don't say "Forget about it - that was the past." The ramifications of stolen elections will forever harm our Republic unless We the People correct the damage).
Is this a covert form of LAWFARE?
Should We the People STAND for our Judiciary using LACK OF STANDING if it denies us an opportunity to pursue Justice?
Do you agree that you have an obligation to right the wrongs of the State versus the Individual?
Join the Magnificent Republic as we seek to properly understand and Restore … Truth and Justice … the American way.
And may Justice Scalia rest in peace.
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