7 ms·
In English, yes. However, "on the merits" is a term of art that explicitly excludes procedural matters like "can you even bring this case" or "did you file on t
by CobrastanJorji 6y ago
In English, yes. However, "on the merits" is a term of art that explicitly excludes procedural matters like "can you even bring this case" or "did you file on time." Standing is a procedural issue.
So while the suit was thrown out for being obviously faulty, it did not fail "on its merits." Mind you, that does not make the objection sensible. If I write "they are bad because they are a poopy face" in crayon, and then I don't pay my filing fees and the case is thrown out for that reason, I am technically correct that my case was not heard on its merits, but that doesn't make it a good point.