Posted on 11/01/2009 9:41:05 AM PST by Seizethecarp
We’re not sure it’s exactly newsworthy anymore when a lawsuit challenging President Obama’s election on the grounds that he wasn’t born in the U.S. gets dismissed. (Though rest assured, we’ll be all over it if and when one gains significant traction.)
But an opinion issued on Thursday dismissing one of these suits (this one, like others, brought by Orange County lawyer/dentist Orly Taitz) caught our attention.
The opinion issued on Thursday, by Santa Ana, Calif., federal judge David O. Carter (a Clinton appointee), delved deeply into standing problems he felt many plaintiffs in the suit suffered.
But in the suit dismissed on Thursday, Carter ruled that a group of plaintiffs could have standing: namely Wiley S. Drake, Alan Keyes, Gail Lightfoot, and Markham Robinson because they appeared on the California ballot as candidates for president or vice president in the 2008 election. Therefore, they may have been, theoretically speaking, harmed by an alleged fraud perpetrated by Obama in regard to his birthplace.
In regard to this group, Carter move on to another issue: separation of powers, finding that it is not within the constitutional power of the federal courts to “overthrow a sitting president.”
(Excerpt) Read more at blogs.wsj.com ...
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