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Re:Dominion Voting Systems sues pro-Trump lawyer, seeking mo... by dragonwriter on Saturday January 09, 2021 @12:12AM (#25697389)
> Oh, and by the way, if a judge dismisses a case on procedural, jurisdictional or standing and then goes on to provide an opinion of the claims/evidence presented in a complaint -- it doesn't mean that the adjudication was based upon the merits of the case.

That...depends. “Failure to state a claim” is one of the bases that is being described as procedural, but it can involve not just a analysis of whether the plaintiff has recited the legal elements of an actual offense, but whether the evidence the plaintiff has identified that they can present would be sufficient, before considering any potential counterevidence, to make a prima facie case for facts that would justify the claim stated. Where that analysis is conducted, and it is concluded in the negative requiring dismissal, while the basis may be characterized as “procedural”, it includes exactly a decision about the merits of the case.

That is what has occurred in several of the cases at issue where failure to state a claim was one of the grounds for dismissal.

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