Thursday, January 22, 2009

Take Two

As you probably know, Chief Justice Roberts and President Obama did a do-over of the oath at the White House on Wednesday after they flubbed the text a bit at the inauguration ceremonies a day earlier.  The mistake by itself doesn’t interest me that much –as many news stories have pointed out, it wasn’t the first error in the taking of the oath in Presidential history.  What does interest me, however, is the question of who could (strictly in theory, of course) possibly have standing to bring a suit asserting that Obama is not properly the President of the United States.  Who could possibly have the personalized injury required for standing under Article III (let’s set prudential standing aside for now)?

The only name I could come up with?  That formerly Amtrak-ridin’ man of the people himself, now-Vice President Joe Biden.  If Obama isn’t Prez, he’s entitled to the position.

Any alternative theories/persons?

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