@http://www.art2superpac.com/UserFiles/file/Farrar-Welden-Swensson-PowellvObama-JudgeMichaelMalihiFinalOrder-GeorgiaBallotAccessChallenge-2.3.2012.pdf
Nonetheless, despite the Defendant's failure to appear, Plaintiffs asked this Court to decide the case on the merits of their arguments and evidence. The Court granted Plaintiffs' request.
It seems you forgot something. It says right there that the Plaintiffs asked the Court to decide the case on the merits of their arguments and the evidence.
Yet he chose to rule solely on the merits, not on the merits and evidence.
The ALJ was supposed to present Findings of Fact and Conclusions of Law. There were no findings of fact that Obama was born in the United States, only an assumption or a “consideration” as Malihi said he considered that Obama was born in Hawaii. The conclusions were not law, but what the Ankeny court wanted the dicta to say. My OP shows that what the law actually says is contrary to the conclusions based on the dicta. Minor was declared an NBC and Wong Kim Ark was not. Minor could run for president and Wong Kim Ark could not. Tested by this rule and the ONLY law that was cited, Obama cannot run for president nor is he Constitutionally qualified to hold office.
Atty. Van Irion to Appeal Judge Malihi’s Decision: Court Ignored Basic Rules of Interpretation
“The one point of good news from this ruling is that we have FINALLY gotten a court to rule on the merits of our argument. This may seem like a hollow victory, but it isn’t. Before this everyone that has brought a challenge against Obama’s eligibility has been dismissed on procedural grounds. Nothing is more devastating to the rule of law than a judicial branch that refuses to do its job. Before this case we had courts across the country telling Americans that they had no right to enforce the Constitution. That was absurdity at its most extreme. Liberty Legal Foundation found a case that we believed would at least get a ruling on the merits. We hate the ruling we got, but at least we got a ruling. Now we can appeal that ruling. The appeals process now will focus on the definition of “natural born citizen” rather than procedure for the first time since the issue of Obama’s eligibility was raise in 2008.”
http://obamareleaseyourrecords.blogspot.com/2012/02/attorney-van-irion-to-appeal-judge.html