Orly Taitz is going to lose the Grinols v. Electoral College case. Is this because “the fix is in?” No, it is because “the broken is in.” Taitz’ case is obviously and fatally flawed.
One might be tempted to rail against the case, saying that it is doomed because of the monumental incompetence of Orly Taitz as a lawyer. She waited over a month after the election to file the case, making significant parts of it moot before the court could hear it. She bungled service of the complaint. She failed to follow court rules in multiple instances. She basically didn’t do anything right (here are the details); however, most of that could in theory be fixed.
What cannot be fixed with Grinols, as has been the story with most of the birther eligibility lawsuits, is that Grinols, Noonan, Judd and the other guy lack standing. The first question the court will ask is not whether Barack Obama is eligible to be president, but whether Grinols is eligible to bring suit, and he is not. One can go all the way back to Berg v. Obama in 2008 for precedent. A person not directly and individually harmed has no case. The voter in general doesn’t have a right to litigate in federal court anything that he doesn’t like unless directly and individually involved. The Plaintiffs in Grinols were presidential candidates who weren’t on the ballot and presidential electors who didn’t get elected. This issue of standing is not a fiat of the court, but is based in Article III of the US Constitution that defines the jurisdiction of the federal courts.
The second issue with Grinols is that the Constitution gives absolute independence to the Congress in the execution of its legislative function. Taitz is asking the Court to enjoin the Congress from certifying the election, something the Constitution says they cannot do.
This is why Taitz’ subpoenas to half a dozen federal agencies are nonsense; they go to the complaint Taitz presented, and not the the more fundamental problem that the Court cannot hear the case. If the Court cannot hear the case, it cannot hear the evidence.
Birthers have lost 190 straight cases in court. Someone would have to be crazy to think Grinols will come out any different.