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'Birthers' lawsuit challenging Obama's election is dismissed

The “birthers” lose, again.

This morning, a U.S. District Court Judge in Santa Ana dismissed a federal lawsuit challenging President Obama’s election on the grounds he wasn’t born in the U.S.

In his opinion, Judge David O. Carter stated that it is not within the constitutional power of the federal courts to “overthrow a sitting president.”

The case, brought forward by California attorney Orly Taitz, a leader of the so-called “birther” movement, claims that Obama doesn’t meet the constitutional qualifications to be president because he has not shown he is a “natural born citizen” of the U.S.

Obama has produced a birth certificate from Hawaii, but Taitz claims there is evidence he was born in Kenya.

This case has failed to advance beyond several lower courts. Taitz was also fined $20,000 on Oct. 13 by a federal judge in Columbus, Georgia in part because Taitz had used the legal system to pursue “political rhetoric and insults,” the judge in that case stated.

In the most recent case, Carter wrote in his opinion how “plaintiffs have attacked” anyone who has dismissed their claim as “unpatriotic and even treasonous.”

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

Read the opinion here.

--Baxter Holmes

Comments () | Archives (65)

oh no kiddin? as if the FBI did not conduct due dillrgnce a very long time ago when Obama was first elected?

How many times before you guys get it right?!!??He has NEVER PROVIDED his BIRTH CERTIFICATE. It was a CERT. of LIVE BIRTH. THEY ARE NOT THE SAME!!!

Will has a good point. He has NEVER produced his original Hawaii birth certificate (which indicates where he was born). This is important because at that time they issued "birth certificates" to people born outside the country. This differs greatly from the contemporary laser-printer version which doesn't show this information. Authorities in Hawaii claim to have the original certificate but refuse to show it to anybody. Why don't they/Obama just produce the stupid document and get this over with ? Oh yeah that would be too easy now wouldn't it ?

Dear Will,

As someone who lived in Hawaii for most of my adult life, and my three children were born there, I can tell you for a fact that the state of Hawaii "Certificate of Live Birth" is indeed a birth certificate.

In addition, there are people alive and well who worked in the OB department at Kapiolani Hospital and remember the Obama's when Barack Jr was born. Not to mention the notices of his birth that were published in the Honolulu Advertiser. (Or are we to believe some vast conspiracy planted phony documents in the Advertisers micro-fiche records?)

Get over it already.

Hey Will! Consider the following:

Do you think for one minute that Hilary and/or the republicans would not have used this if there were ANY truth to it?

How was he able to pass a background investigation and obtain a security clearance as a US Senator if there were "doubts" about his background?

I'm just sayin'...

Bush was born in the US and he sucked. How did the birth certificate save us then?

Get real...even if he wasn't born here as some claim, he still does a good job.

Grasping for straws, simply because you don't like the man, is really pathetic.

Will.... it's people like you that caused me to lose any hope that the GOP will rise above mediocracy.

Thats Strange, who is asking the court to "overthrow a sitting president"?
What does he see in the evidence?
Only Congress can remove a sitting president

That judge is perhaps been notified like all sitting federal
judges at all levels to dismiss any and all claims,and allegations in fear of untimely ,seemingly unrelated retaliations
from the highest levels in Washington D.C.

These birthers are mentally ill and should be all committed to a 30 day psych evaluation!

These people acutally believe in a vast conspiracy hatched over 48 years ago to put birth announcements in Hawaiian newspapers so that a baby boy born in Kenya could one day become President of the United States!!

Total nut jobs!

Democrats are from Earth, only Republicans are from Mars...

How timely, I just got another copy of my so called Birth Certificate today, from Santa Clara County, California, where I was born in 1959. There in clear print it says Certificate of Live Birth. So those claiming that they are not one and the same thing, should go check there certificate. This is a lot of fuss and lies about nothing.

Idiots like Orly Taitz embarrass all of America - the direct result of our weak educational system. Can one really honestly question Obama's right to be president? Get a life! But first, learn to read. Please. For our country's sake. For our children's sake.

P.S. A name like "Orly Taitz" is a bit suspicious. Was Orly born in the U.S.? Does he have the right to comment on American politics at the national level, let alone bring cases to the U.S. District Court?

What a waste of time, energy and resources.

Give it up already. He's been elected. It's a given that the facts been checked as to his birth origin. This is all just silly.

This is a non-issue, get over it already and start helping to fix America. Not helping is truly un-American.

Isn't it hilarious that whenever a Republican is in office all we hear is, "America: Love it or Leave it" indicating you are never supposed to question those who are elected.

Yet when a Democrat (or non-Republican to be more accurate) is in office suddenly all bets are off.

Just goes to prove what incredible whiners these neocons are. Just imagine how much health insurance for REAL Americans these people could provide instead of spending it all on lawyers.

Why these people don't all move to Iraq (where they are sending everyone but their own children) I can't understand. There they can get all the repression and hatred they could ever wish for.

oops. here's the rest:

part of a conspiracy to pass off false information about President Obama's birth certificate. The burden of proof is on the plaintiff. That's how it is in America.

Will, did you read the opinion? It states:

"Plaintiffs argue that despite the fact that President Obama has produced a Birth Certificate from the state of Hawaii, there is evidence to show..."

Do you believe that the plaintiffs are wrong in citing a birth certificate? Or that the court made this mistake? I sure don't.

What is so hard about showing a document? Seems odd to me.

The truth, unfortunately, is still out there... what ever it may be.

That's the real "birther" problem... looking for truth in a place none is found.

Will, the BC and the COLB are indeed the same thing. He *has* provided his birth certificate. Legally there is no difference between the two. The COLB by necessity and definition contains the same information, and the only information, in fact *more* information, than the Constitution asks of presidential candidates -- natural born citizen over age 35. Nothing more is needed. Case is closed.

What a waste of energy. Folks, trying to invalidate a democratic election ex-post facto with a baseless conspiracy theory is about as un-American as you can get. True patriots honor the will of the people, whether they like it or not.

Will: I am not conversant with the distinction. Would you please explain the difference between a Certificate of Live Birth and a Birth Certificate, and why it is significant? Please be specific to the procedures practiced in Hawaii at the time Obama was born.

How many root canals does it take to pay for all the fines a kooky birther dentist lawyer can accumulate in a year? Just curious.

See might be crazy, but she sure is fun to watch.

Birthers, you're being played like a fiddle. Keep digging - pretty soon you'll be able bury the entire Republican party.

Birthers obviously have no life and need to find one seriously why dont you do something positive and meaningful with your time....

Get over it and move on!!

To all others, these people DO NOT represent the GOP. I'm a Republican and I will do what I need to do to support whomever is the President for the time they are the President. Let's also get past the high school rivalry!!

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