I doubt it.
Fogbowers are showing some concern over Hatfield challenging whether the record at his hearing supported a conclusion of law that Obama was born in HI and also whether a conclusion was supported that Obama’s mom was a citizen!
Hatfield's case was based on BHO Sr. not being a citizen and not where Barry was born and his mom's citizenship was never challenged IIRC. Fogbowers are wondering whether Hatfield is improperly attempting to raise new issues of jus soli in this appeal that he did not argue at the hearing.
On appeal, it’s not clear if they are supposed to name the original defandant or if the state is put on the defensive. It was the SoS’s decision, but the original case was filed against the candidate, not the SoS. I doubt the judge will have a problem with it.
I think it’s a mistake for any of these plaintiffs to enter any of Obama’s alleged birth certificates as evidence. Keep the burden of proof on Obama. There’s no probative evidence to show where he was born and who his parents are and what their citizenship was at the time of birth. The only legal precdent is the Minor definition of NBC, which precludes the children of foreign nationals. Then they can point to the divorce records and Barack Sr.’s immigration file.
Are they appealing the administrative hearing or the SoS decision? What would have happened if the SoS had rendered a decision without a hearing?
I guess the question is whether the hearing is legally viewed as an independent judicial event or merely an internal administrative process within the SoS office.
Since the SoS made the final decision it seems to me that he has some responsibility to defend his position.
Aren’t most if not all of THEM disbarred?