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To: RegulatorCountry

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


479 posted on 05/17/2010 12:07:55 AM PDT by parsifal (I will be sent to an area where people are demanding free speech and I will not like it there. Orly.)
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To: parsifal
Ankeny was dismissed for failing to state a claim, and that decision was upheld upon appeal in a state supreme court. That is the only legal conclusion reached in the matter of Ankeny v. Governor of Indiana.

Wong Kim Ark was determined to be a citizen on the basis of the 14th Amendment. That was the question before the court and no other.

You're speculating upon unwritten meanings and attributing motives that did not exist. You avoid applying the rigor due to legal terms and legal decisions, in order to reach a predetermined conclusion.

481 posted on 05/17/2010 12:25:37 AM PDT by RegulatorCountry
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