Replies

The Andrade Court was articulating an equity principle regarding the fact that an AG has a conflict of interest with people that they appointed which I believe can be applied directly to the conflict of interest that Obama has with the AG and US Attorney that he appointed.

In both cases, the same principle articulated in Andrade might apply with an qualified “interested person” as plaintiff/appellant:

“The above procedure is cumbersome and could easily operate to deprive a plaintiff with an otherwise legitimate claim of the opportunity to have his case heard. For instance, the Attorney General was responsible for appointing appellees Diegelman and Lauer to their jobs. Requiring appellants to convince the Attorney General to file a quo warranto action on their behalf in this case would effectively bar their access to court.”

Regarding Obama’s eligibility, so far “requiring all appellants to convince the Attorney General (or US Attorney) to file a quo warranto action” has effectively been a bar to their access to court.

The few plaintiffs who have filed quo warranto actions, even those submitted in New York and California which did not require the Attorney General or the US Attorney have been rejected.
My personal opinion is that quo warranto is a waste of time even if such as action should ever go forward.
The authority by which Obama is President of the United States is 69.4 million popular votes, 365 Electoral College votes, certification of the electoral votes by a Joint Session of Congress with Vice President Cheney presiding, and swearing in by the Chief Justice of the Supreme Court of the United States.
If ever needed in a quo warranto hearing, the Department of Justice Attorneys order up an official copy of Obama’s state of Hawaii COLB.

“The few plaintiffs who have filed quo warranto actions, even those submitted in New York and California which did not require the Attorney General or the US Attorney have been rejected.”

A procedurally correct quo warranto with a proper “interested person” as plaintiff has not yet been filed in the correct district court in DC, so no one knows how successful such a case might be.

I suspect that Lakin is heading in that direction and also the Chrysler dealers. Let's just see how it plays out.