Kerchner Eligibility Lawsuit Dismissed on Standing

U.S. District Court, New Jersey ^ | 10/21/2009 | Judge Jerome B. Simandle

[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.

[BuckeyeTexan]

Since this isn’t 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. That's what I'm doing.

[El Gato]

Are we witnessing the rise of the 4th Reich?

More like the rise of the Cominterm in America.

[El Gato]

Are we witnessing the rise of the 4th Reich?

More like the rise of the Cominterm in America.

[BuckeyeTexan]

Why do you bother implying that I support Obama? My posts on FR make it clear that I don’t. Your continued claims that I do make you look foolish.

[RWGinger]

That is important but will not be retroactive.

I am doing as many things to stop what odumbo is trying to do including trying to talk to people in other areas since I am in N. Texas and my rep and senators agree with me

[El Gato]

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?

I'd want the courts to rule on the issue, not hide behind "standing". McCain of course was born of two US Citizens while his father was serving the country in its military forces. It's very easy to make a case for such a person being a Natural Born citizen. Both Blackstone and Vattel, who disagree on a lot, agree on that.

[Canedawg]

Are we witnessing the rise of the 4th Reich?

Precisely. I've said it before: if this world is still spinning 'round in a hundred years, he'll be mentioned in the same breath as Stalin, Hitler, and Mao.

Dictators who stain the annals of history.

Maybe he'll eventually get the same treatment as Mussolini.

[parsifal]

Oh, and something else. Did you notice that none of us “trolls” and “pro-Obama” agents ever jumped on the lawyer in this lawsuit. And we never poked fun at the legal proceedings there. I wonder why that is? Oh, I know. The attorneys here may have had a questionable case legally speaking, but they pursued it like professional attorneys and did not trash the courts, did not trash Obama, file in multiple jurisdictions, introduce obviously phony evidence, and carry on like legal maniacs.

They made their case, argued their reasoning and law, and lost like professionals. In addition, they did not have the entire country laughing at them the way it is at Orly. Nobody is getting sanctions filed on them here. Nobody is alleging Eric Holder met the judge in a coffee shop.

parsy, who thought this needed to be said

[El Gato]

What impact would the equal Rights Amendment have if the 1790 definition holds?

None, the equal rights amendment was never ratified. It doesn't exist.

That said, the 1790 act was replealed in 1795, as far as "natural born" citizenship" was involved. The 1795 and later acts required to US parents for citizenship. Later acts allowed for just one US citizen parent, with restrictions. But again, just for statutor citizenship, not Nautural Born (meaning needing no statute or law, citizenship.

[GregNH]

Here ya go Buck. You can file this complaint with your AG in Texas. http://www.scribd.com/doc/19626789/MODEL-COMPLAINT-OF-ELECTION-FRAUD-TO-STATE-AsG-TX

Taken from here. http://jbjd.wordpress.com/2009/09/08/model-complaint-of-election-fraud-to-state-attorneys-general/

[kukaniloko]

Antonin Scalia, The Doctrine of Standing as an Essential Element of the Separation of Powers, 17 SUFFOLK U. L. REV. 881 (1983)

[BuckeyeTexan]

Exactly.

[pissant]

You are as stupid as you are transparent, gargles

[parsifal]

Thats the whole point. There are some things courts can not rule on by law. Courts can not give advisory opinions.

parsy, who thinks you are over-reacting

[BuckeyeTexan]

Thanks. I’ve seen that before, but it doesn’t cover everything that needs to be filed. The Democrat Party broke so many laws in Texas is defies logic.

[Non-Sequitur]

And another one bites, and another one bites, and another one bites the dust.

[Sibre Fan]

1) So what does this mean for the California Case?

Specifically, probably nothing. Even if Judge Carter is made aware of the decision, it is not binding on him. However, as a general matter, this opinion is focused on the same issues that Judge Carter focused on in the hearing (standing, political question). And, the cases cited include Supreme Court cases on the issue (which are binding on the California court). So, there's a chance that Judge Carter's opinion will read similarly.

2) Are any of Orly's plaintiff's significantly different? Does any of hers have actual orders that haven't been rescinded?

Orly has one active-duty plaintiff, but was unable to tell Judge Carter whether he has any pending orders from Obama or whether he would defy those orders if issued. So, I don't think that the active-duty plaintiff will be considered materially different from the Kerchner military plaintiffs. Orly also has Keyes - a presidential candidate. At the hearing, Judge Carter seemed disinclined to simply dismiss Keyes as a "fringe" candidate, referring to the important value that third-party candidates bring to the political process. At the same time, Judge Carter seemed troubled by Orly's apparent inability to identify a particular injury suffered by Keyes. Although Orly cited to the Senate race, that race is not part of this complaint or action, so Judge Carter will not be able to rely on that alleged injury. So, I think there's a chance that Judge Carter may say that a candidate, even a third-party candidate with little realistic chance of winning, has standing - IF he can prove particularized injury. I also think that Judge Carter will find that Amb. Keyes failed to do that.

[SeaHawkFan]

This is why a quo warranto action needs to be filed in the D.C. District Court. Standing would not be an issue.

[the long march]

What I would want the court to do is to order the person in question to produce a full and certified piece of evidence of life birth. You know, that certified birth certificate that you have to produce to get a friggin driver’s license, mariiage license, or passport.

[the long march]

Just another reason to start by killing all the lawyers....