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Opponents of Barack Obama’s presidency claim small court victory
Los Angeles Times ^ | 7/13/09 | Tami Abdollah

Posted on Monday, July 13, 2009 11:49:46 PM by Smokeyblue

Supporters of a case that disputes the legitimacy of Barack Obama’s presidency claimed a small victory today when U.S. District Judge David O. Carter told them to fix their paperwork and that he would listen to “the merits” of their case. But others present for the hearing Monday at the federal courthouse in Santa Ana stressed that the case remains a long way from ever getting a full airing in court and may never get to that point.

The case, Alan Keyes, et al. v Barack H. Obama, et al. was filed on Inauguration Day and is one of a raft of suits alleging Obama is ineligible to be president because he is not a “natural born citizen.” Such claims have fared badly in court to date. In December, for example, the Supreme Court dismissed without comment a case challenging Obama’s right to take the oath of office.

Perhaps because of that history, Orly Taitz, the lawyer who filed the current suit, was greatly cheered by Monday’s hearing. “He’s very determined to hear the case on the merits,” Taitz said, referring to the judge. “He stated, the country needs to know if Mr. Obama is legitimate, if he can legitimately stay in the White House.”

That’s not quite the way Asst. U.S. Atty. David DeJute heard the judge’s comments. Thom Mrozek, a spokesman for the U.S. Attorney’s Office, said that “the judge did make a bunch of comments about having the matter correctly and thoroughly aired, once and if they got to the merits of the actual lawsuit, which was not the subject of today’s discussion.”

The key word is “if,” Mrozek stressed. “We’re literally at procedural grounds at this point in time,” he said.

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