Posted on 03/23/2010 10:49:42 AM PDT by Lurking Libertarian
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
BEFORE: Henderson, Tatel, and Garland, Circuit Judges
These consolidated appeals were considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district courts orders filed March 5, 2009, and March 24, 2009, be affirmed. The district court correctly dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. Hollister v. Soetoro, 601 F. Supp. 2d 179 (D.D.C. 2009). Moreover, the district court did not abuse its discretion in determining that counsel had violated Federal Rule of Civil Procedure 11(b)(2) and in imposing a reprimand as the sanction for his part in preparing, filing, and prosecuting a legally frivolous complaint. Hollister v. Soetoro, 258 F.R.D. 1 (D.D.C. 2009). Appellants have provided no reasonable basis for questioning the impartiality of the district court judge. See Liteky v. United States, 510 U.S. 540 (1994).
Eligibility lawsuit ping.
Sanctions! The judicary is so corrupt. Can this be appealed now to SCOTUS?
This should scare off any other plaintiffs who seek proof Nobama is constitutionally qualified to be president. I really, really hate him.
Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.
Ping
This was predictable according to most legal experts, so I never expected much else especially with that inept Orly Taitz leading the effort.
Yes. But having been shot down already at two levels what chance do you think it has of being taken up?
Shocking!
“Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.”
I was not aware that Courts are required to make decisions based on the number of people that happen to sign a certain petition.
Can it be any more obvious that America has been taken over by dictators?
What is worse is the cheerleaders here defending it.
They aren't. But the court should really think twice before calling a lawsuit with such broad appeal "frivolous" and applying sanctions for bringing it.
“What is worse is the cheerleaders here defending it.”
Some are. Some cheerleaders can’t cheer anymore.
parsy, whose pom-poms got taken away. . .
Aren’t you the one who got a warning from the head honcho?
How nice of you to disregard his warning.
Parsi, you lost you "pom-poms" a long time ago.
Makes you wonder who and what Obama really is.
Hello there parsy....hope you are well...DS who lends her pom poms to parsy (don’t tell the powers that be where you got those pom poms parsy!)
Can we vote Orly off the island?
In this case, this is what the court is saying make it frivolous: "failure to state a claim upon which relief could be granted." So even if Obama is proven ineligible, the court can say there's no way for the court to provide relief for the claim ... as in the courts don't think it's in their jurisdiction to declare a president ineligible, remove the president or nullify the elction results because the Constitution doesn't specifically give them these powers. Nevermind that the court gives itself plenty of other powers not defined in the Constitution or elsewhere. This is their fallback excuse for staying out of the issue.
Parsy=Dallas Sun
As long as Obama is willing to take her with him.
We vote for YOU off of this site.
You focus your hate on a believer in Our Constitution by wanting her kicked off the island but no mention of Anti-American Barry. What the f as you doing on a conservative site, commie?
We can vote both of them off the island!
Oh no. I specifically refrained from cheering. Or ITYS’ing.
parsy, who is just sitting quietly on the sidelines watching the game. . .
Thank you, buts its kinda nice not being in the game anymore. No more makeup. No more short dresses. No more getting dropped on my rear-end when I fall off the pyramid. No more cheerleaders for the other team egging my car and rolling my house.
parsy, who is enjoying the quiet. . .and watching the game
I can certainly understand.
It’ll be like Obama’s birth day.
This could be the start of something big
Yeah, $2 trillion and counting ...
If all these cases questioning BHO birth country are summarily dismissed because of the plaintiff having "no standing"...
at what point do we as Americans determine that the courts having been found corrupt do we declare that they have no authority or standing?
and the remedy?
Someone way smarter than I (which is just about anyone) is going to have to help me with this one
Well, yes, there is that........
And the petition is hardly earth-shattering. Even if it has 500,0000 signatures on it, what is that? 0.2% of the country?
we still have Kershner vs Obama which is Mario Apuzzos case that is waiting on a decision by the appeals court.
I understand that's the court's cop out. And it's true, the court couldn't order the removal of the President. The most the court could do provide fact finding and a referal to congress.
But I don't think that warrants sanctions, either.
I understand that’s the court’s cop out. And it’s true, the court couldn’t order the removal of the President. The most the court could do provide fact finding and a referal to congress.
But I don’t think that warrants sanctions, either.
Frivolous.
Big deal if the President may not meet the requirements to be president as set forth in the Constitution.
No big deal, anyone concerned about it is an airhead and troublemaker.
///
we still have Kershner vs Obama which is Mario Apuzzos case that is waiting on a decision by the appeals court.
I don't think there is anything stopping a court from sending a notice to Congress of facts that should be investigated. Congress would be under no obligation to do anything with it, but a court is not limited from doing that.
There were more than two elector college members that wanted to object, but I understand VP Cheney didn't ask for objections like he was supposed to.
Congress is spineless. There was no one that wanted alienate a portion of their constituency by challenging Obama's credentials. That's why it's important that congress and the states each put a process in place to verify the eligibility credentials. Because congress can not be relied on in the heat of the moment.
And that's also why the courts should have at least reviewed the facts and not shirked their responsibility in this case. The courts can't remove a sitting president. But a court could have ordered the records and determined the truth, and let the public and congress do with it what they wanted.
ping
Frivolous for the “judicial” pee brains.
I don’t think there is anything stopping a court from sending a notice to Congress of facts that should be investigated. Congress would be under no obligation to do anything with it, but a court is not limited from doing that.
There were more than two elector college members that wanted to object, but I understand VP Cheney didn’t ask for objections like he was supposed to.
Congress is spineless. There was no one that wanted alienate a portion of their constituency by challenging Obama’s credentials. That’s why it’s important that congress and the states each put a process in place to verify the eligibility credentials. Because congress can not be relied on in the heat of the moment.
And that’s also why the courts should have at least reviewed the facts and not shirked their responsibility in this case. The courts can’t remove a sitting president. But a court could have ordered the records and determined the truth, and let the public and congress do with it what they wanted.
If you think cheer leading it rough, my dear, try can-can dancing!
With all due deference to the separation of powers, he began, the court last week reversed a century of law that I believe will open the floodgates for special interests including foreign corporations to spend without limit in our elections. Alito made a dismissive face, shook his head repeatedly and appeared to mouth the words not true or possibly simply not true....
One never knows...
But did the court in essence acknowledge the existence of this Soetoro person? If they did, then...
Doesn't look like it to me.
Half a million Americans believe Elvis was an alien.
Step One:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Step Two:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
How about this, did the court throw the cast out because there is not such person as Soetoro? That would have been the easiest route to go but if they didn’t then such a person exists. If Soetoro exists, then the usurper used other names which is not what he swore to on his bar application. That also brings into question the adoption and the Indonesian citizenship again.
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