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Kerchner Eligibility Lawsuit Dismissed on Standing
U.S. District Court, New Jersey ^
| 10/21/2009
| Judge Jerome B. Simandle
Posted on 10/21/2009 9:02:35 AM PDT by BuckeyeTexan
United States District Court Judge Jerome B. Simandle has dismissed the Kerchner v. Obama lawsuit challenging President Barack H. Obama's eligibility to hold the office of President of the United States.
"The Court finds that Plaintiffs Charles F. Kerchner, Jr., Lowell T. Patterson, Darrell James LeNormand, and Donald H. Nelsen, Jr. lack standing to pursue their claims and so the Court must grant Defendants motion to dismiss."
Judge Simandle's full opinion is at the link.
TOPICS: Front Page News; News/Current Events; Politics/Elections
KEYWORDS: apuzzo; birthcertificate; birthers; certifigate; eligibility; kerchner; naturalborncitizen; obama; obamatruthfile
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To: BuckeyeTexan
121
posted on
10/21/2009 2:08:42 PM PDT
by
Dajjal
(Obama is an Ericksonian NLP hypnotist.)
To: Red Steel
THanks when I read his bio that’s about what I had figured.
122
posted on
10/21/2009 2:13:08 PM PDT
by
rodguy911
(HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
To: Non-Sequitur
Oh, okay, I see your point. You weren't arguing about standing in the Hollander case, where McCain wasn't the one needing to show standing.
You were arguing that only McCain could have standing in a hypothetical lawsuit against Obama. Got it. I agree.
Hollander didn't have standing against McCain (like everyone suing Obama) since he wasn't a serious candidate in the primary.
To: rodguy911
I would sure think we are being harmed...if we as citizens do not have standing, it is unclear about who does....other than congress.....and, of course, they will do nothing (business as usual)...
124
posted on
10/21/2009 2:39:49 PM PDT
by
illiac
(If we don't change directions soon, we'll get where we're going)
To: parsifal
In brief, standing requires some personalized injury to the person suing. If it is an injury that befalls all Americans, then it is not personalized. This is one reason why individual taxpayers can not sue over govt waste. It is an injury that befalls all of us. So the moral of the story is, if you're going to injure anyone, injure everyone, and the law will keep you safe.
Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.
125
posted on
10/21/2009 3:23:36 PM PDT
by
The Comedian
(Evil can only succeed if good men don't point at it and laugh.)
To: Red Steel
"If the courts can find that they can determine a US House member can be seated per Constitutional requirements" "Can be seated", is the operative phrase. No court, no where can "unseat" a sitting member of the House or Senate, even if that member obtained the seat through fraudulent or otherwise criminal means. If the member has not yet been seated, then that's another matter altogether. But, in Obama's case, he was Inaugurated. A court can't "undo" an Inauguration. It's as simple as that.
126
posted on
10/21/2009 3:23:50 PM PDT
by
OldDeckHand
(No Socialized Medicine, No Way, No How, No Time)
To: illiac
So in a sense we can, and have been, taken over within by one political force and there is not a thing we do but wait until we are allowed to vote?
Those who make peaceful revolution impossible will make violent revolution inevitable.John F. Kennedy
127
posted on
10/21/2009 3:26:28 PM PDT
by
GregNH
("Dc Rally from the Ground" by me http://gwgjlm.blogspot.com/2009/09/dc-rally-from-ground.html)
To: Non-Sequitur
Only if one is delusional enough to believe that Keyes had a chance of winning. As Judge Carter pointed out, winning isn't everything, or even anything, for a third party or independent candidate. He brought up, repeatedly, the case of H. Ross Perot.
128
posted on
10/21/2009 3:29:33 PM PDT
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: Non-Sequitur
What Keyes would have us believe is that had Obama not been qualified to run for president then Keyes might have won. Or Keyes might have sucked enough votes from Her Thighness to have McStain win. Likely he would have. Winning is generally not the object for a third party candidate. Usually it's just making a point, but not always.
H. Ross Perot's object was to defeat Bush, not win the election. He succeeded. Keyes may similarly have wanted to deny the election to the Democrats, which he might have done if Senator Clinton had been their standard bearer.
129
posted on
10/21/2009 3:33:56 PM PDT
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: Non-Sequitur
Apparently under the “standing” doctrine, as it has evolved since the early 1920s, no resident of Chicago would have standing to sue Omar bin Camelhumpn over his contruction of biological weapons, on the grounds that any one residents possible death would be no more particularized than that of any other resident of the city.
130
posted on
10/21/2009 3:39:34 PM PDT
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: GilGil
Well, you’re right about the blood pressure, but somebody has to keep you jokers in line.
parsy, who bravely risks death to bring enlightenment
131
posted on
10/21/2009 3:43:10 PM PDT
by
parsifal
(Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
To: The Comedian
Yep, if you’re the gov’t. There are a lot of exceptions though. Think of the alternative. 100 million Americans suing the gov’t every year for the crap they spend our money on. Assuming 20 clients per lawyer= 5 million more lawyers, then 5 million more for the gov’t. Then this many again every couple of years. probably 5 million more judges, and then all the discovery process. Quadruple the number if Orly-clones get involved.
parsy, who says no coffee shop is safe
132
posted on
10/21/2009 3:46:56 PM PDT
by
parsifal
(Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
To: rodguy911
Yes. But it would have lost at the appeals level.
parsy, who says a judge can find ways to make things happen but it is considered bad way to practice law and wrong in general.
133
posted on
10/21/2009 3:49:40 PM PDT
by
parsifal
(Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
To: El Gato
As Judge Carter pointed out, winning isn't everything, or even anything, for a third party or independent candidate. He brought up, repeatedly, the case of H. Ross Perot. Perot was actually on the ballot in most if not all states. Keyes was not.
To: El Gato
Or Keyes might have sucked enough votes from Her Thighness to have McStain win. Keyes finished with what, 45,000 votes nationwide? He could triple that and not made a difference in the election.
To: El Gato
Apparently under the standing doctrine, as it has evolved since the early 1920s, no resident of Chicago would have standing to sue Omar bin Camelhumpn over his contruction of biological weapons, on the grounds that any one residents possible death would be no more particularized than that of any other resident of the city. What ever are you talking about now?
To: RegulatorCountry
But, it can be argued, and I think El Gato would possibly agree, that such an Act is actually an acknowledgement that the particular aspect of citizenship in question was not addressed by the Constitution. Yes I do. Also that the repeal tells us something about their aknowledgement of the limitations on their powers.
I think if someone had brought up the "military" exemptions" in both Vattel's "Law of Nations" and Blackstones "Commentaries on the Laws of England", we would all have been better served.
137
posted on
10/21/2009 4:04:25 PM PDT
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: manonCANAL
>Time to join oathkeeper friends
>oathkeepers.org
~~~~~~~~~~
AMEN!
138
posted on
10/21/2009 4:06:21 PM PDT
by
DirtyHarryY2K
(The Tree of Liberty is long overdue for its natural manure)
To: El Gato
I think the word you are looking for is Comintern, not Cominterm.
139
posted on
10/21/2009 4:09:14 PM PDT
by
PAR35
To: BuckeyeTexan; RWGinger
Since this isnt working it looks like all we have is election 2012.
Nope. Get to work in your state to enact legislation that requires presidential candidates to provide documentation proving that they are eligible to hold the office Which will have no effect until the election of 2012. Which is exactly what RWGinger said.
140
posted on
10/21/2009 4:09:34 PM PDT
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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