Here is what the 9th Circuit fools said:
“No one disputes that Marguet-Pillado’s requested instruction was ‘an accurate statement of the law,’ in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.”
While the Marguet-Pillado reversal and remand was published in August 2011, M-P was born in 1968 under the same law as Obama, IIUC. So the M-P court majority is claiming that “no one disputes” that if M-P was born in Mexico in 1968 to a Mexican mom and a US citizen sperm donor he would have been NBC at birth. The court is not applying a new standard retroactively but claiming that their ludicrous interpretation was disputed by “no one” at least as far back as 1968. The Obama legal team has taken that statement a leap beyond to claim that is provides POTUS eligibility for Barry's birth back in 1961...wherever that might have occurred.
Well, they can say that monkeys fly out of Santa’s butt, but that doesn’t make it true.
No one can retroactive Citizenship status when it comes to Natural Born. It is a description of the CIRCUMSTANCES of one’s birth. It is the same, literally as, “this child was born with dark skin, brown eyes and brown hair”. “This child was born in the United States to two parents who are United States Citizens.”
People forget that Natural Born Citizen status is a CONDITION of birth.
SCOTUS law when it is handed down is the law of the land until such time as it is over-ruled and is then no longer the law of the land. IT doesn’t matter how long ago that law was written, it is still the law of the land.
Minor v. Happersett is still the law of the land and dictates it takes being born IN the country or its territory to two parents who are its citizens. The 9th circus can swing its ape arms all it likes, it still cannot over-rule SCOTUS. Minor trumps M-P.