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Saturday, October 25, 2008

Judge tosses lawsuit challenging Obama citizenship

This lawsuit has been hot on the Internet, and now we have a conclusion, in which the judge said "any" or "all" voters lack standing to bring this lawsuit because "...any harm from an allegedly ineligible [presidential] candidate was too vague and its effects too attenuated...."

I am puzzled. If a voter (or a citizen) doesn't have standing in such a case, then who does? If the damage done by a violation of the Constitution, in this or any other case, is "too vague" for a citizen to bring a case, then what is the legal remedy to this alleged constitutional violation?

I'm not anxious to see such a case move forward and send our electoral process into a tail-spin, but, like I say, I am puzzled. Perhaps a constitutional lawyer (not Obama) out there can enlighten me.

Here is the story about the suit's dismissal:

PHILADELPHIA (AP) — A federal judge has dismissed a lawsuit challenging Barack Obama's qualifications to be president.

U.S. District Judge R. Barclay Surrick on Friday night rejected the suit by attorney Philip J. Berg, who alleged that Obama was not a U.S. citizen and therefore ineligible for the presidency. Berg claimed that Obama is either a citizen of his father's native Kenya or became a citizen of Indonesia after he moved there as a boy.

Obama was born in Hawaii to an American mother and a Kenyan father. His parents divorced and his mother married an Indonesian man.

Internet-fueled conspiracy theories question whether Obama is a "natural-born citizen" as required by the Constitution for a presidential candidate and whether he lost his citizenship while living abroad.

Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters."

3 comments:

Anonymous said...

You asked the question I immediately asked as I read the judge's (lame) decision. Who does have standing if not a citizen?

So we will watch as Obama is elected and never know if he is entitled to hold the office? It would seem to be the most important issue to settle prior to an election.

Margaret

david m. said...

August 21, 1959 Hawaii becomes a State.
August 4, 1961, Barack Obama is born in Hawaii to a mother from Iowa.

Barack Obama is a natural born citizen - end of story.

Judge R. Barclay Surrick was being kind. He should have said, "Mr. Berg, get out of my court. You're an idiot."

Anonymous said...

David M,

Why is it so hard for Obama to prove his naturl-born citizenship -- we're suppose to take him at his word? He lies about all of his positions to gain power and we're suppose to acdept his word on this vitally important matter?

Margaret