Kerchner saw problems well ahead of the election and created grounds for his suit. He didn't need to use unavailable birth certificates or school records or passports. Those had been, or were in the process of being concealed, in one case by the employee of Obama’s campaign security adviser and former CIA special ops director John Brennen (that employee ended up with a bullet in his head).
Apuzzo, Kerchner's attorney, would not bother if he did not still have trust in our legal system to respect the Constitution. Read his case. He mentions all the hidden documents because they could become relevant, and must appear in the pleading or cannot be addressed later.
Appuzo along with Leo Donofrio (something about Italians and our Constitution?) have done more to educate modern America about our framers and founders than anyone in my half century of life. Who would have even known that we had presidents of Congress United, such as Dr. Ramsay, who wrote at least a dozen volumes on the history of our nation and of his state, South Carolina? Ramsay is just another of our framers who happened to write an essay on citizenship and confirmed what every framer knew, that a natural born citizen was "born in the country of citizen parents." Whether it is true that Apuzzo was appraised of the Ramsay essay by the fine historians at U. of Connecticut who would rather not take credit in this Alinsky-tainted political environment, they offered the graceful historical insight into the history of natural born citizenship at http://undeadrevolution.wordpress.com/.
Reading the Apuzzo case is not easy, but his essays are excellent. Apuzzo and Donofrio, hardly famous attorneys, are showing the greatness of America. They are showing too that impressive titles have nothing to do with taking on one of the most difficult and important cases in judicial history - a real world application of original intent. Madison warned that without interpretation based upon the language of our framers the Constitution would become meaningless.
Obama is betting that the Constitution is an artifact, and means whatever the politicians in power want it to mean. He was aided by a couple of potential appointees to the court, Larry Tribe of Harvard, Obama’s constitutional law professor, and Ted Olson, who helped by vouching for John McCain's eligibility; McCain, should he somehow have prevailed in the election was absolutely changeable, and had been challenged before. But twenty four efforts to amend Article II Section 1 “natural born citizenship” had failed, so a plot was clearly hatched by Democrats to make McCain their adversary. (My guess is that had McCain won he would have been challenged and would lose; the next highest vote count would have been to Obama or Hillary, and Republicans would then have shown their non-citizen father card, making Hillary president.)
For some lawyers the law is about finding a prior judgment to win the case for your client. For a few, respecting and defending the Constitution is still important. The guys with tenured positions and big reputations apparently feel they have more to lose by defending truth and the Constitution. Thank goodness we have outstanding lawyers like Apuzzo and Donofrio who recognize that losing our Constitution means losing our freedom. The barristers didn't do badly working for the King, but our country won't belong to us or to Prince Obama because our Constitution and the freedoms for the individual it protects are the framework which permitted citizens to make us wealthy, and the disappearance of which will put us, as Hayek explained, on "The Road to Serfdom."
Godspeed to them both.
And yes, godspeed to the two of them and the other plaintiff's on the case.
They have educated Americans on The Constitution. I have always thought Mario's case was the quiet sleeper stealth case from the day it was filed.
Did Mario serve Obama before he took office? I wonder what the implications are? I think his case is the sleeper.
The hurdle of public opinion may trump law as far as removing Obama. I don't know if the public has the stomach or a Judge with the guts to force a constitutional crisis.
Disqualifying him in each state from running for Reelection may be the only remedy going forward. But knowing Obama, he will unleash riots with the race card.
But looking forward, we may well see health care collapse in 2012 when his plan starts to ripple through the insurance markets. At that point, when Insurance premiums double and doctors are not taking patients, kicking him out might be a very popular proposition.