i dont think a jury instruction not challenged on one point but another that carried the day is much of a precedent. Also this is the 9th circus...
Agreed. This appears to be a “bottom of the barrel” citation by the Obama legal team desperately searching just one bit of support in a federal case for foreign born eligibility.
After being beaten up for years by Obot and troll claims that the NBC language in Minor v Happersett is “dicta” and not precedent (a holding that was affirmed 9-0 by SCOTUS) the Obama legal team serves up this ludicrous spin by two 9th Circus judges.