Michigan Law Review: Explanation of Legal Process to Obtain OBAMA BIRTH information . - 0 views
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The Justiciability of Eligibility
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“[j]udicial review—if any—should occur only after the electoral and Congressional processes have run their course.”
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here is no bright-line rule for ascertaining whether an injury is sufficiently imminent to satisfy the injury-in-fact prong, but the Court has said that an asserted right to have the government act in accordance with the law is not sufficient.
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It is doubtful, however, that they are justiciable in lower federal courts. Standing requirements and the political question doctrine make it unlikely that a federal court will reach the merits in cases of the type filed to date. Justiciable means can the case be heard in a court or not? It is believed that this issue is more properly addressed by the political process and NOT the courts.