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sdholloway56
Senior Advisor

point of law

"So in a case in which plaintiffs lack standing (a jurisdictional defect) *and* have no viable claim on the merits, a federal court has no discretion to actually hold that there’s no merit; it *must* dismiss for lack of standing—or else it’s committing reversible error."

1 Reply
sdholloway56
Senior Advisor

Re: point of law

The only place where a decision isn't reversible is at SCOTUS.

Which is what makes it so darn important.

You can't even remove them other than for personal perfidy, corruption etc.

I guess CJ Roberts killing Scalia* would be enough.

*modeled on when Cruz' Dad killed JFK.