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To: Nero Germanicus
What was in the Court’s actual ruling and not in a footnote that has become precedent for many other eligibility challenges is: “Based on the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the United States are ‘natural born citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents.”—Indiana Court of Appeals, November 12, 200

That's not the ruling. The ruling was that they didn't have to accept the plaintiffs claims as true, and that the governor of Indiana couldn't be legally obligated to vet presidential candidates. The footnote immediately contradicts this claim because there is no guidance to support this conclusion. And nowhere in this decision is Obama or anybody else declared to be a natural-born citizen. It's good slight of hand, but it's still nothing more than dicta.

466 posted on 04/05/2013 9:01:03 PM PDT by edge919
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To: edge919

Anyone can check for themselves and clearly read the “Natural Born Citizen” section of the “OPINION FOR PUBLICATION” by the Indiana Court of Aopeals .
http://www.in.gov/judiciary/opinions/pdf/11120903.ebb.pdf

Obviously Judge Mahili, in his “trial on the merits” in Georgia thought he was citing an opinion: “For the purposes of this analysis, the Court considered that Barack Obama was born in the United States. Therefore, as discussed in Ankeny, he became a citizen at birth and is a natural born citizen. Accordingly, President Barack Obama is eligible as a candidate for the presidential primary under O.C.G.A. under Section 21-2-5(b). February 3, 2012
http://www.scribd.com/doc/80424508/Swensson-Powell-Farrar-Welden-vs-Obama-Judge-Michael-Malihi-s-Final-Order-Georgia-Ballot-Access-Challenge-2-3-12

Same with Judge John Cooper in Florida: “Voeltz v Obama” Leon County, Florida Circuit Court Judge: “In addition, to the extent that the complaint alleges that President Obama is not a “natural born citizen” even though born in the United States, the Court is in agreement with other courts that have considered this issue, namely, that persons born within the borders of the United States are “natural born citizens” for Article II, Section 1 purpose, regardless of the citizenship of their parents.”—September 6, 2012
http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=77182640&jiscaseid=&defseq=&chargeseq=&dktid=57485906&dktsource=CRTV


471 posted on 04/05/2013 10:03:39 PM PDT by Nero Germanicus
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