Judge Lewis also noted:
"In oral argument on the motion, the plaintiff's attorney advised the court that if given an opportunity to amend the complaint, the plaintiff could affirmatively allege that the candidate was not born within the territorial jurisdiction of the United States. Thus, that defect could theoretically be remedied. The second prong of the plaintiffs challenge, however, is also deficient and cannot be remedied. Specifically, the plaintiff alleges that even if the candidate was born within the territorial jurisdiction of the United States, he was not born of two parents who were American citizens and therefore cannot be a 'natural born citizen' as required by the Constitution."
The foregoing looks like dicta. Lewis says that while the claim of a two-parent NBC requirement cannot be remedied in an amended filing, addition of a claim of evidence that Barry was born outside the jurisdiction actually could be filed as a remedy to the prior filings, but in end such a filing would fail due to lack of jurisdiction.
Bottom line is that because Barry is not the nominee and no Florida elector (voter) will be able to challenge his placement on the ballot until after the election, plaintiff has no cause of action at this time.
As usual.
Even proof that Barry was born outside the US wouldn't gain standing for an FL ballot challenge, according to Judge Lewis.
Seems to me it's the candidate's burden to prove he is eligible.
But that was America before the Communist Revolution.
IOW, the judge in this case held the same as every other judge to look at the supposed ‘two-citizen’ requirement - there is none.
Birthers need to read WKA carefully and consider what it says, rather than what they want it to say (or not say).
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html
If I’m reading this correctly, Lewis received an offer he couldn’t refuse, as I predicted.
Zero could have six legs and a pair of antennae. He’d still be eligible.
Good. Since no one has a right to complain, I nominate Vladimir Putin to be the Republican Presidential nominee. His chief qualification is that he is a citizen of the world. Besides, then we don’t have to go through Obama as an intermediary any longer.
If we choose to do so, there is, as far as I can tell, no living human being on this Earth that has legal standing to either challenge the nomination, or to properly structure a claim for relief based on the US Constitution.
Same old same old. Back in the USSR.
“It is the plaintiff’s burden, however, to allege and prove that a candidate is not eligible.”
This comment alone, proves this judge is a fraud. I wonder how a judge can write something like that and retain any pride at all. It’s like a neon sign...”This court is corrupt.”
http://puzo1.blogspot.com/2012/07/purpura-and-moran-file-petition-for.html
This goes to NJ Supreme Court today.
I have said it over and over, no judge in this country is going to disqualify HUSSEIN from being on a ballot, no judge will do this, none, period, end of story.
Its ironic an illegal alien ineligible usurper has the power by ill conceived and lax laws to impose taxed fines against Americans.
It is the plaintiff’s burden, however, to allege and prove that a candidate is not eligible
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
So?...The plaintiff must prove but then access to the proof is barred. Wow! What a Catch 22.