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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: SaraJohnson

Thank you.

parsy


161 posted on 10/21/2009 6:52:09 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

But why do other COLB’s indicate “Accepted”
on file does not equal accepted.
Why did 0bama not request a COLB stating his documents are accepted?

That was so easy.


162 posted on 10/21/2009 6:59:24 PM PDT by Steven Tyler
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To: Steven Tyler

I believe (as I said to another poster) that “filed” might indicate a birth outside of a hospital, that is, a “home birth” reported by the mother/other relatives to the Dept. of Health. “Accepted” on a CoLB might indicate a hospital birth.


163 posted on 10/21/2009 7:01:46 PM PDT by thecodont
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To: SaraJohnson

Well we have found another guilt infested resentful tender foot.

Let Parsi carry his own water. He does not need to hide behind your skirts.


164 posted on 10/21/2009 7:02:19 PM PDT by GilGil
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To: parsifal

Nope, have to be eligible to be sworn in.
The Constitution outlines what happens until the Candidate becomes eligible. The Candidate must demonstrate eligibility before anything can happen.
We can vote a 34 year old to the office of President, but that person cannot assume office until they reach age 35.

This is too easy


165 posted on 10/21/2009 7:03:57 PM PDT by Steven Tyler
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To: Sibre Fan

Are you saying that all four plaintiffs in the Kerchner case are active duty military?


166 posted on 10/21/2009 7:17:34 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: Non-Sequitur

Why is a judge entitled to determine the chances of a political candidate?


167 posted on 10/21/2009 7:19:29 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: DannyTN

How does Congress “repeal” a specific clause in Article II of the Constitution? Perhaps you or El Gato can explain. I am confused. I did not know Congress could simply repeal the Constitution. That would seem to make the Constitution worthless. Thanks for letting us know.


168 posted on 10/21/2009 7:24:13 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: Steven Tyler

The Constitution outlines what happens until the Candidate becomes eligible. The Candidate must demonstrate eligibility before anything can happen.

We can vote a 34 year old to the office of President, but that person cannot assume office until they reach age 35.

Easy enough, when eligibility is a mere function of time.

I understand that California Secretary of State Frank Jordan kept Eldrige Cleaver off the ballot as a presidential candidate because he wasn't old enough (and he asked to see his birth certificate for proof). I understand also that Mr. Cleaver was a natural born citizen and complied with Mr. Jordan's reasonable request.

Senator Joe Biden ran for Senate at age 29 but could not assume his Senate seat until he turned the Constitutionally-prescribed age of 30.

169 posted on 10/21/2009 7:25:51 PM PDT by thecodont
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To: parsifal

Fortunately for the rest of us you are only partially correct although your hubris knows no bounds. You call them like you see them through jaundiced eyes. The suits that will be dismissed and that have been dismissed are the ones that rely upon general Article III standing, the well-known lack of standing of the “general taxpayer.”


170 posted on 10/21/2009 7:27:39 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: parsifal

If McCain had won, would you want the courts involved to throw him out because pro-Obama people were suspicious about him being a citizen, or NBC, or whatever?

Yes

171 posted on 10/21/2009 7:35:29 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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To: browardchad

I see nothing in here that indicates that any of these plaintiffs were in the military and in fact the selection clearly signals that they were not. It is a discussion of generalized Article III standing. Why does the early post say that they were active miiitary? That would seem to be misleading.


172 posted on 10/21/2009 7:36:59 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: Non-Sequitur
Sure he would.

Point is, it's specualtion either way. A "what if". Barrack Hussien Obama denied Keyes the opportunity to find out. To collapse the wave function as it were.

173 posted on 10/21/2009 7:37:53 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: BuckeyeTexan
If you read the federal rules of civil procedure, it becomes clear that we don’t have standing. There is no unique injury that is particularized and concrete to one plaintiff. Every voter suffers the same injury from an ineligible POTUS. And there is no remedy that the court can grant. The court can’t remove a sitting president.

That doesn’t mean Obama is eligible. It just means, we can’t pursue this method of removing him. We’ll have to find another way.

It just means that you are delusional.

174 posted on 10/21/2009 7:38:34 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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To: Non-Sequitur

So the judge was able to prognosticate that if he won those states it would have made no difference if it caused McCain to win them?


175 posted on 10/21/2009 7:38:56 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: AmericanVictory
Congress did not repeal the Natural Born language in Article II, Section 1. What they did in 1790 was attempt to *add* to the original meaning of "natural born", specifically those born of two citizen parents but outside the US. Then 5 years latter, they repealed that law, the correpsonding section of which dropped the "natural born" part and just left "citizens".

This clearly indicated a difference between citizen at birth and natural born citizen, and probably indicated that (1) the original understanding of the term did not include such persons (except perhaps those born while the father was serving in "the armies" but outside the country) , and (2) they then realized they couldn't modify the original meaning without a full Constitutional amendment.

176 posted on 10/21/2009 7:43:14 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: BuckeyeTexan
To: mlo; Non-Sequitur; parsifal; Pilsner; Drew68; curiosity; Sibre Fan; El Sordo; MilspecRob; ... Ping.

Mario Apuzzo’s lawsuit dimissed.

Time for celebration trolls! Drink up! Enjoy! Your 0bamessiah kingdom is safe for another day. That means your paycheck should arrive on time. Let's party!!

177 posted on 10/21/2009 7:43:54 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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To: parsifal

You have made everything perfectly clear. “Zealousness” of your sort from a person in your condition is quite common. Pscyh 101. Fortunately, not everyone such as yourself fails to overcome the problem.


178 posted on 10/21/2009 7:45:48 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: AmericanVictory
Then 5 years latter, they repealed that law, the correpsonding section of which dropped the "natural born" part and just left "citizens".

Should read:

Then 5 years latter, they repealed that law, the correpsonding section of the replacement law dropped the "natural born" part and just left "citizens".

179 posted on 10/21/2009 7:45:52 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: parsifal
parsy, who thought this needed to be said

Which inherently makes it irrelevant.

180 posted on 10/21/2009 7:45:52 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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