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October 30, 2009
Judge dismisses suit about Obama's eligibility to be president
Posted: October 30th, 2009 10:15 AM ET
Judge dismisses suit about Obama's eligibility to be president.
Judge dismisses suit about Obama's eligibility to be president.

(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."

Why doesn't the president put all this to rest and just show his birth certificate? If there is nothing to hide then why hide? I do not agree that we should try and unseat a sitting president but I'm a little confused as to what the presidents problem is with just showing it and being done with his.

He has provided it, Cape. As each of us do when required.

Here is the problem. This president can show a dozen birth certificates and it will not matter because there are those who just wont believe him. So why bother with a handful of insignificant wing nuts bent on discrediting this president at any cost.

I've heard Orly Taitz got fined $20,000 for her last frivolous lawsuit in this continuing stupidity. I hope that this sets a precedent, and that the birthers who file suits get fined time and again for tying up the court system.

Yes she did, by the District Court Judge in Georgia.

There is also a complaint [or two] sitting before the Disciplinary Committee of the California Bar.

So many...so hot....to see Biden in the Oval office.....*sigh*...

The reason why the long form is not made available to anyone and everyone is that it may contain private information regarding the parents. So expecting him to display it to 300 million people is ridiculous, not necessary -- just because some disgruntled knotheads want him to.

Before that certified copy is issued the records are checked to assure there was a live birth, of that person, on that date and all is in order.. The clerk who issues is the only one who has to see it and the individual. I have obtained long form of my birth certificate once and I had to prove my identity because it is not issued to anyone but the parents or the child. The certified copy is adequate to obtain a passport and you can damned betcha they won't issue one on anything but a bona fide official record.

There are those who are looking for any reason to disqualify him. Their stomachs will just have to churn with bile because he doesn't have to produce it and won't.

The trenchant refusal to acknowledge the law, including abysmal ignorance of the Constitution as well is what makes these birthers and right wing nuts look ridiculous and hopelessly ignorant. Unteachable. Unwilling to learn.

As to their lawyer on this issue: She is too ignorant to practice law, anyplace. Which the California Bar appears ready to take care of, pronto, by holding disbarment proceedings. She waltzes into Georgia, holding nothing but a license to practice law in California, files and pursues a suit in Georgia without going through the legal nicety of applying for pro hac vice permission to practice in Georgia. That constitutes criminal contempt or court in most states, subjecting one to being jailed for practicing law without a license. Per the judge's ruling in the matter she then proceeded to violate the rules of court,and didn't argue the applicable law (ir any) that she thought applied to the case -- but made political speeches instead. That is what bought her Rule 11 sanctions. Monetary fines which every federal judge has the power to lay on an attorney who files frivolous suits, violates court rules, costs the court and the opposing party to waste time and money -- and shows contempt for the court and its proceedings.

Their brilliant beech of a lawyer made an ash of herself and they still follow her. Hopeless. Just hopeless.

An irony is that Mrs. Taitz herself was not born in this country.
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From some of the things that come out of her mouth, I'm suspecting she wasn't born on this planet.

Ah, here come the guys with the butterfly nets.