A similar suit filed by American Independent Party of California
Chairman Markham Robinson--against McCain failed in California's
District Court for lack of "standing." I believe the court's argument
was that Robinson could not demonstrate "injury in fact" (a basic
requirement to establish "standing"), arguing that Keyes' chances (who
not a party to the suit) of winning the election were essentially non-
extistent - with or without McCain. This latest case, however, is in
state court, not district court (federal) - although the states tend
to be guided by federal standards regarding standing. Still, it seems
unlikely Keyes could prevail on the same grounds in state court on the
heels of the District Court's McCain decision.

Nonetheless, the fact that this case was brought at all would tend to
add greater urgency to the matter, and that it be addressed/settled by
SCOTUS in Berg v. Obama.




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