YeS, he used the Indiana Ankeny court ruling from what I read. That thing is Swiss cheese if someone would just step up and challenge the nonsense written in it.
Even Ankeny stated in the footnotes that Ark wasn’t ruled a natural born citizen.
Really? Isn't that what was done here?
I agree. Malihi punted on his conclusion of law...which is the part of his ruling that can now be appealed all the way to SCOTUS, unlike the dead-end Ankeny case. Hatfield explained exactly why the Ankeny interpretation of Minor was flawed grammatically and in terms of legal construction, as has Leo Donofrio, of course.
The most important thing, IMO, and something that Obama has been trying desperately to avoid, is that Malihi accepted as a finding of fact that Obama’s Pop was not a citizen when Barry was born. Because of this, despite the tears of joy at Fogbow, Barry is now vulnerable being declared ineligible for the first time!
While Fogbowers are congratulating themselves for predicting that Hatfield and Irion threw away a default removal of Barry from the GA ballot by insisting on a hearing (opening the ability for Malihi to evade the default) a default would NOT have established a finding of fact in evidence that Barry's dad was not a citizen.
I don't think Kemp is going to disagree with this recommendation, but that will be incidental once it gets to GA Superior Court. While it will be too late to keep Barry off of the meaningless primary ballot, there is plenty of time for higher courts to act before November.