Wong Kim Ark was declared a 14th Amendment citizen, and Ankeny was dismissed for failing to state a claim.
No foundation and no slam dunk.
You’re not speaking legally, so there is no legally speaking from the point of view you’re espousing. You’re taking dicta and running with it, to the exclusion of the decision of the case, not once but twice.
Wrong.
Read Ankeny again. In short, cases are decided on facts and the law. Regarding Obama, there was no dispute as to the facts. The 2 plaintiffs claimed he was born of a foreign father, and since such was openly admitted by Obama, there was dispute as to the facts. (Plus, it was one of those things which if taken as true, would not change the applicable law.)
So, the judge ruled on it as a matter of law, which he was entitled to do, and it was dismissed. Appeals court also addressed the issue and relying on guidance from Wong, found Obama an NBC.
Indiana Supreme Court had no problem with that holding. So, yes, the issue was heard and ruled on as a matter of law and the case was dismissed—in part, because Obama is an NBC. There’s like 5 pages devoted to it in the appellate decision.
parsy, who wishes it was earlier