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Kerchner v Obama- All Is Not Lost
http://giveusliberty1776.blogspot.com/2010/07/kerchner-v-obama-all-is-not-lost.html ^ | July 5, 2010 | Steve

Posted on 07/05/2010 10:32:33 PM PDT by jdirt

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To: PA-RIVER
20% of the population, some driving around in their Cadillac escalades, will no doubt riot when their brother is disqualified.

The demographic you are likely referring to is only 12.4% of the population. The non-Hispanic white population is 75% of the total. It's also better armed.

So let them riot, less disrupting than the larger group going on the warpath. We wouldn't burn down our own neighborhoods.

61 posted on 07/07/2010 12:40:34 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: WildSnail

And, IMO, that judge was wrong to not grant standing to Keyes. Win or lose is not the only thing hanging in the balance. If Obama was not in the running, might have Keyes gotten more votes? More votes effects the standing of the party, fund raising potential, the ability to get on the ballot in more states in 2012, etc.

Not granting standing to Keys because there’s no way to tell if he would have gotten more votes would be like not granting standing to McCain, because who knows if McCain would have won against, say, Hillary? “Mr. McCain can not prove injury in fact, therefore he has no standing.” Heh.


Alan Keyes was only on the ballot in three states. He could have gotten every single vote in those three states but never would have gotten enough electoral votes to win.

Hillary Clinton wasn’t on the ballot against John McCain, so that would have no impact on granting legal standing to sue Obama. None of Obama’s Democratic Primary opponents sued on grounds of Obama’s ineligibility.

Courts deal with ACTUAL injury-in-fact not hypothetical injury. Hypothetical or theoretical injuries are the exact opposite of when courts are supposed to grant standing.

If you MIGHT have injured someone in a car accident, they shouldn’t be able to sue you for damages. If you DID injure someone in a car accident, they then have standing to sue you.

There is one person who COULD have been president with a realistic chance to win if Barack Obama was not on the general election ballot, Senator John Sidney McCain. It is a stretch, but possibly conceivable that a very conservative court or a very conservative judge in an extremely conservative, Obama hating state MIGHT have granted standing to Sarah Palin (as the Vice Presidential candidate of an elderly presidential candidate) but Governor Palin hasn’t tried to gain standing so we’ll never know.


62 posted on 07/07/2010 12:47:16 PM PDT by jamese777
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To: jamese777
My position is that until the Judicial branch

That's fine, but were we not speaking of the ability of the courts to bar the person from executing the powers of the office?

Judge Carter’s position is that Democratic Party Primary Election opponents and then Obama’s general election opponents had one year and nine months to have him declared ineligible and they failed do so.

So how does that change the fact of his eligibility or lack thereof? What court has even attempted to ascertain the facts under an adversarial procedure with full access to available evidence and witnesses from both sides of the controversy?

63 posted on 07/07/2010 12:59:03 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Beckwith

To all and sundry in this battle,” Lay on, McBeth!”


64 posted on 07/07/2010 1:18:32 PM PDT by Candor7 (Obama .......yes.......is fascist... ...He meets every diagnostic of history)
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To: El Gato

I know I’m unusual... Didn’t watch that much TV as a kid, played outside, rode bikes, etc much more, plus I was a voracious reader rather than a TV watcher (I was born in 1950). Was on my own by 18, and only had a TV for about 2 years since then - notably during the Clinton impeachment hearings! And I’ve never been a movie fan at all, probably watched less than 75 movies (maybe less than 50?) my entire life.


65 posted on 07/07/2010 1:28:03 PM PDT by little jeremiah
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To: jamese777
Alan Keyes was only on the ballot in three states. He could have gotten every single vote in those three states but never would have gotten enough electoral votes to win.

I never said he had any chance of winning. But getting fewer votes (as a result of not being the only black candidate maybe?) is a "hypothetical" injury just as valid as Sen. McCain's. Especially for a minor party.

Courts deal with ACTUAL injury-in-fact not hypothetical injury. Hypothetical or theoretical injuries are the exact opposite of when courts are supposed to grant standing.

So you're saying McCain wouldn't have standing, either? His injury (losing the election) is just as hypothetical.

66 posted on 07/07/2010 1:33:53 PM PDT by WildSnail
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To: Hoodat

Death by a thousand cuts Hoo, death by a thousand cuts.


67 posted on 07/07/2010 2:07:29 PM PDT by Candor7 (Obama .......yes.......is fascist... ...He meets every diagnostic of history)
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To: WildSnail

I never said he had any chance of winning. But getting fewer votes (as a result of not being the only black candidate maybe?) is a “hypothetical” injury just as valid as Sen. McCain’s. Especially for a minor party.


What can I tell you? The judges who heard the cases disagreed with your assessment. Keyes was a plaintiff in three different lawsuits and he was denied standing in all of them. (Keyes v Obama et. al., Keyes v Bowen and Keyes v Lingle). Keyes v Obama eventually became “Captain Pamela Barnett, et. al. v Barack Obama, et. al.”

Since John McCain hasn’t tried for standing as a plaintiff in any Obama eligibility lawsuit, we can’t know if any court would have granted him standing or not.

McCain’s injury-in-fact would not have been losing the election but rather it would have been being deprived of the presidency by running against an ineligible candidate.


68 posted on 07/07/2010 7:17:57 PM PDT by jamese777
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To: El Gato

“That’s fine, but were we not speaking of the ability of the courts to bar the person from executing the powers of the office?”


Maybe you were talking about that.

So how does that change the fact of his eligibility or lack thereof? What court has even attempted to ascertain the facts under an adversarial procedure with full access to available evidence and witnesses from both sides of the controversy?

Every one of the 70 plus courts that has accepted legal briefs from plaintiffs and defendants has attempted to ascertain the facts under an adversarial procedure. It is not the judicial system’s fault that plaintiffs have not been able to present a plaintiff with legal standing to sue.

It is also not the judicial system’s fault that those who would challenge Obama’s eligibility have failed to convince a prosecuting attorney to convene a Grand Jury investigation into this issue where there would be no issue of standing to block subpoenas from being issued and testimony from being taken under oath.


69 posted on 07/07/2010 7:33:31 PM PDT by jamese777
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To: El Gato

“That’s fine, but were we not speaking of the ability of the courts to bar the person from executing the powers of the office?”


Maybe you were talking about that.

So how does that change the fact of his eligibility or lack thereof? What court has even attempted to ascertain the facts under an adversarial procedure with full access to available evidence and witnesses from both sides of the controversy?

Every one of the 70 plus courts that has accepted legal briefs from plaintiffs and defendants has attempted to ascertain the facts under an adversarial procedure. It is not the judicial system’s fault that plaintiffs have not been able to present a plaintiff with legal standing to sue.

It is also not the judicial system’s fault that those who would challenge Obama’s eligibility have failed to convince a prosecuting attorney to convene a Grand Jury investigation into this issue where there would be no issue of standing to block subpoenas from being issued and testimony from being taken under oath.


70 posted on 07/07/2010 7:35:14 PM PDT by jamese777
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To: El Gato

“That’s fine, but were we not speaking of the ability of the courts to bar the person from executing the powers of the office?”


Maybe you were talking about that.

So how does that change the fact of his eligibility or lack thereof? What court has even attempted to ascertain the facts under an adversarial procedure with full access to available evidence and witnesses from both sides of the controversy?

Every one of the 70 plus courts that has accepted legal briefs from plaintiffs and defendants has attempted to ascertain the facts under an adversarial procedure. It is not the judicial system’s fault that plaintiffs have not been able to present a plaintiff with legal standing to sue.

It is also not the judicial system’s fault that those who would challenge Obama’s eligibility have failed to convince a prosecuting attorney to convene a Grand Jury investigation into this issue where there would be no issue of standing to block subpoenas from being issued and testimony from being taken under oath.


71 posted on 07/07/2010 7:35:14 PM PDT by jamese777
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To: El Gato

“That’s fine, but were we not speaking of the ability of the courts to bar the person from executing the powers of the office?”


Maybe you were talking about that.

So how does that change the fact of his eligibility or lack thereof? What court has even attempted to ascertain the facts under an adversarial procedure with full access to available evidence and witnesses from both sides of the controversy?

Every one of the 70 plus courts that has accepted legal briefs from plaintiffs and defendants has attempted to ascertain the facts under an adversarial procedure. It is not the judicial system’s fault that plaintiffs have not been able to present a plaintiff with legal standing to sue.

It is also not the judicial system’s fault that those who would challenge Obama’s eligibility have failed to convince a prosecuting attorney to convene a Grand Jury investigation into this issue where there would be no issue of standing to block subpoenas from being issued and testimony from being taken under oath.


72 posted on 07/07/2010 7:36:01 PM PDT by jamese777
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To: jamese777

Sorry for the duplicate posts, I’m in AO-HELL.


73 posted on 07/07/2010 7:45:15 PM PDT by jamese777
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To: little jeremiah
Didn’t watch that much TV as a kid, played outside, rode bikes, etc much more, plus I was a voracious reader rather than a TV watcher (I was born in 1950)

I was born in '49 in November. I played outside, a lot, would often stop by the library on my way home from school. (Library was closer to school than home was) and would ride there in the summer a couple of times a week, at least. Also played baseball and was in the local pool several times a week. Still, I saw W of Oz many many times. I'd watch it tomorrow if I had DVD of it..well I do, but at our other house, almost 4 hours away.

74 posted on 07/07/2010 9:16:57 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: jdirt

bump


75 posted on 07/08/2010 7:03:45 AM PDT by tutstar (Baptist Ping List-freepmail me to be included or removed. <{{{><)
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