[plenipotentiary]

The flaw in Judge Carters argument is here:

“..to effectively overthrow a sitting president who was popularly elected by “We the People”–over sixty-nine million of the people..”

At the time of service Obama had not been appointed President, and the number of people voting for him does not matter if he is not a NBC. Grounds for appeal.

[mlo]

"The flaw in Judge Carters argument is here:"

The judge directly addressed your points in the decision.

[lucysmom]

At the time of service Obama had not been appointed President, and the number of people voting for him does not matter if he is not a NBC. Grounds for appeal.

Orly didn't attempt service until inauguration day and didn't get it done until August.

[OldDeckHand]

"Grounds for appeal."

You're going to base an appeal on dicta?

The chances of prevailing on an appeal that is based solely on dicta within a judicial opinion, are exactly 0.0%.

[Non-Sequitur]

At the time of service Obama had not been appointed President, and the number of people voting for him does not matter if he is not a NBC. Grounds for appeal.

The defendants had not been properly served until July. Long after Obama was sworn in.

[deport]

Well then Orly has nothing to worry about and she’ll win on appeal, wont’ she? What is the date of appointment are you using? He was elected by the Electoral College in Dec. 08 and the votes certified by the Congress in Jan. and sworn in Jan. 20 with another swearing on Jan. 21.

The ‘elected by the people’ was only one of other things written in the section by the Judge.