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AudreyB - > Bakersfield Boomers -> So called "BIRTHERS" Suit is Dismissed by Judge.
So called "BIRTHERS" Suit is Dismissed by Judge.
Posted: October 30th, 2009 10:15 AM ET
 

(CNN) - President Barack Obama may have one less problem to worry about.

A federal judge on Thursday dismissed a lawsuit that claimed Obama is ineligible to be president because he isn't a bona fide U.S. citizen.

The lawsuit represented the claim by the so-called "birthers" movement that Obama was not born in Hawaii - despite a birth certificate to the contrary - or that if he was, his citizenship was invalidated by living overseas as a child.

In a 30-page ruling, U.S. District Judge David O. Carter of California said his court lacked the jurisdiction to rule on a case intended to unseat a sitting president.

Carter's ruling said the plaintiffs were trying to persuade him to "disregard the constitutional procedures in place for the removal of a sitting president."

"The process for removal of a sitting president - removal for any reason - is within the province of Congress, not the courts," the ruling said.

Carter's ruling also noted that the plaintiffs "have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution."

"Respecting the constitutional role and jurisdiction of this court is not unpatriotic," the ruling said. "Quite the contrary, this court considers commitment to that constitutional role to be the ultimate reflection of patriotism."

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posted by AudreyB on Friday, October 30, 2009 at 08:24 AM
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25 comments from 11 users

1

posted by AudreyB on Oct 30, 2009 at 08:26 AM

Is anybody surprised?

posted by pogo on Oct 30, 2009 at 08:37 AM

Only Pax, but he still won't be dissuaded. 


posted by jfrancais on Oct 30, 2009 at 08:40 AM

 "The process for removal of a sitting president - removal for any reason - is within the province of Congress, not the courts," the ruling said.

Another hurdle for the brithers.  You should have just challenged the legal meaning of Constitutional Natural Born citizenship and let your true colors flow...

...you can petition your congressman to define consitutional natural born citizenship (It still may not apply to Obama) and present it in a bill.

posted by catpaw on Oct 30, 2009 at 09:02 AM

Appeal to the Supreme Court next?

posted by jfrancais on Oct 30, 2009 at 09:05 AM

The Court didn't even hear the case.  They don't have the jurisdiction

There is nothing to appeal.

According to the court, this is the legislative branch's lane.

posted by AudreyB on Oct 30, 2009 at 09:10 AM

Appeal to the Supreme Court next?

As the article clearly stated, it's not a matter for the courts.  This is a matter for congress.  And, they've already decided it was bunk.

posted by elinem on Oct 30, 2009 at 09:17 AM

Pax will be in mourning for a month.

posted by paxchristi3 on Oct 30, 2009 at 12:37 PM

Elinem, better grab another beer as the issue is far from settled. Audrey, it tickles me that you'd think that Congress alone would decide this issue. Certainly you jest. What this ruling does is clarify that this matter should be taken to the D.C. District Court, which Congress empowered to hear cases like this. Congress did not argue the merits of the case before the court before, so it'll be interesting to see how seriously the lawmakers would take this matter once they face a trial jury. You can read all about it at the blog that I just posted on this subject: http://people.bakersfield.c...

Happy reading!

posted by elinem on Oct 30, 2009 at 12:40 PM

Why, thanks, Pax. That's mighty gentlemanly of you.

I'd love to drink a few beers and watch you keep obsessing over this nonsense. Great entertainment.

posted by sagefever on Oct 30, 2009 at 12:50 PM

http://www.huffingtonpost.c...

Taitz to protest O'Reilly.

Maybe  she can raise the $20,000 in sanctions she owes the Middle District of Georgia for wasting court resources.

posted by paxchristi3 on Oct 30, 2009 at 01:07 PM

Shame on HuffPuff for calling Orly's challenge "insane." She's right and this is one issue that I have a problem with Bill about. Anyone can have opinions on this issue, but he should know that it's not up to any of us to decide this -- that's a matter for Congress to decide, and properly so before the D.C. District Court because the lawmakers and the secretaries of state have abysmally failed to do their duty in this matter. They let us and the founders of the Constitution down big time.

posted by AudreyB on Oct 30, 2009 at 01:17 PM

Pax

You'd argue with a wall.  Congress is the only body which can vote to remove a sitting president. 

That's not going to change just because you don't like.

posted by pogo on Oct 30, 2009 at 02:29 PM

I knew it! Pax came out and said that nothing matters, he still wants to see the birth certificate. If he were to see it, put his hand in the wound at the side like St. Thomas, he still wouldn't freaking believe it! Pax, please, go find the Virgin on a taco or something and get off this, it is tiresome.


posted by paxchristi3 on Oct 30, 2009 at 04:19 PM

Wrong, Pogo, I would believe it if he showed his original, long-form birth certificate. But that may be a moot matter as even if he was born in Hawaii, he still could not meet the natural-born citizen requirement by virtue of his father's British citizenship. And even if his mother could confer U.S. citizenship on him (not likely based on the law at the time), that still would not make him a natural born citizen. Why is it such a problem to abide by a basic constitutional requirement, may I ask?

posted by paxchristi3 on Oct 30, 2009 at 04:20 PM

Furthermore, Audrey, you would do well to revisit the analysis by Leo Donofrio, particularly this pertinent piece of information underlined for emphasis:

The conflict will eventually be tested in the DC District Court.

See you there. Bring along your Virgin-image-on-a-taco-ish talisman for good luck.

posted by siouxcityranch on Oct 30, 2009 at 06:56 PM

Just incase anyone really cares about the law of the land..Barack Obama is not legally a U.S. Natural-born citizen according to the law on the books at the time of his birth, which falls between “December 24, 1952 to November 13, 1986. US Law very clearly stipulates: “…If only one parent was a U.S. Citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16.” Barack Obama’s father was not a U.S. Citizen and Obama’s mother was only 18 when Obama was born, which means though she had been a U.S. Citizen for 10 years, (or citizen perhaps because of Hawaii being a territory) the mother fails the test for being so for at least 5 years **prior to** Barack Obama’s birth, but *after* age 16. It doesn’t matter *after* . In essence, she was not old enough to qualify her son for automatic U.S. Citizenship. At most, there were only 2 years elapsed since his mother turned 16 at the time of Barack Obama’s birth when she was 18 in Hawaii. His mother would have needed to have been 16+5= 21 years old, at the time of Barack Obama’s birth for him to have been a natural-born citizen. As aforementioned, she was a young college student at the time and was not. Barack Obama was already 3 years old at that time his mother would have needed to have waited to have him as the only U.S. Citizen parent. Obama instead should have been naturalized, but even then, that would still disqualify him from holding the office

*** Naturalized citizens are ineligible to hold the office of President. *** Though Barack Obama was sent back to Hawaii at age 10, all the other info does not matter because his mother is the one who needed to have been a U.S. Citizen for 10 years prior to his birth on August 4, 1961, with 5 of those years being after age 16. Further, Obama may have had to have remained in the country for some time to protect any citizenship he would have had, rather than living in Indonesia.

According to FindLaw.com, which is cited by Geraghty, the requirements that were in force from Dec. 24, 1952 to Nov. 13, 1986, encompassing the time of Obama's birth, state, "If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least 10 years, at least five of which had to be after the age of 16."

posted by crosemeyer on Oct 30, 2009 at 07:43 PM

Sioux, you are quite wrong.

 

The five years requirement you refer to applied when one parent was a citizen, and the birth occurred outside of the US.  Since Barack was born in HI, that point is moot.  Anyone born here is a citizen.  Period.  Endo of sentence.

And don't go saying HI wasn't a state at that time, you'll just make yourself look more stupid.

posted by ronmexico on Oct 30, 2009 at 07:59 PM

Four years with this Fence Turtle as their leader will destroy the Democrat Party.

posted by crosemeyer on Oct 30, 2009 at 08:38 PM

ronmexico:

Kinda like Bush destroyed yours?

posted by siouxcityranch on Oct 30, 2009 at 09:24 PM

 catpaw Since Barack was born in HI,

yet to be proven since his lowly relations including his grandmother from Kenya have said he was born there..easy enough to cover up since they are dirt farmers not high powered american politicians..

posted by siouxcityranch on Oct 30, 2009 at 09:26 PM

 

crosemeyer Kinda like Bush destroyed yours?

Pretty much..with the help of the democrats..*POINT*????

posted by paxchristi3 on Oct 30, 2009 at 10:12 PM

Crosemeyer, do your homework on whether a U.S. citizen at birth is the same thing as a natural-born citizen and get back to me.

posted by Shwaine on Oct 30, 2009 at 11:38 PM

Let the birthers prattle on. It's like a shiny bauble. It keeps them occupied and divides their attention away from other issues where they could actually make a difference.

posted by siouxcityranch on Oct 31, 2009 at 08:04 AM

like what shwaine?? voting certain people off the island..im glad you guys find this so entertaining..your actions or shall i say non action will go down in the history books as part of the reason America became extinct just like the roman empire etc..

posted by pogo on Oct 31, 2009 at 10:19 AM

Well for my part, I sincerely hope the rightie tighties keep on harping on the birth thing - makes them look like loonies in the eyes of the educated electorate.

Pssst, I hear he was smuggled into HI in a Kenyan canoe.

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