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Could not Biden raise the question of standing in the original filing? Even if I can, and win that way, I would consider it too risky to not address the issue presented about the jelly beans. So I'd do both.
Yes - he certainly would, and that's the point.
In the initial suit, the plaintiff doesn't have standing. The plaintiff has no interest or injury from whether Biden has jellybeans on his desk, so the suit should be dismissed because the party has no standing. But if the court ignores that and issues against an order against Biden, then Biden does have standing to bring the appeal. Because unlike the initial plaintiff, he now does have an interest or injury that can be adjudicated.
So now that the CO electors have won their lawsuit, Trump has a very concrete interest or injury to adjudicate in the federal courts. He will have no difficulty establishing his standing to bring the appeal.
