A dismissal of a lawsuit because the plaintiff did not have legal standing to sue IS a ruling (an adjudication) by the court. If someone sued you and the judge dismissed their suit because they had no grounds to sue you, didn’t you still win?
Every one of the seven Obama eligibility lawsuits that was rejected for a Writ of Certiorari by the US Supreme Court was heard and dismissed at a lower level state or federal court. That is why they were appealing to the “court of last resort.”
(1) Berg v Obama was heard in the Federal District Court for the Eastern District of Pennsylvania and by the 9th US Circuit Court of Appeals before being denied by the US Supreme Court.
(2) Craig v US was heard by the US District Court for the Western District of Oklahoma, the 10th US Circuit Court of Appeals and it was denied by the US Supreme Court.
(3) Donofrio v Wells was heard first in a New Jersey State Court, then by the New Jersey Supreme Court before being denied by the US Supreme Court.
(4) Herbert v Obama et. al. was heard in the Middle District of Florida US District Court and was then denied a Writ of Certiorari by the US Supreme Court.
(5) Lightfoot v Bowen was heard and dismissed by the California Supreme Court and submitted to Justice Kennedy at the US Supreme Court. It was denied by Justice Kennedy and resubmitted to Chief Justice Roberts. It was denieda again at Justices’ conference.
(6) Schneller v Cortes was dismissed by the Pennsylvania Supreme Court and denied by the US Supreme Court.
(7) Wrotnowski v. Bysiewicz was dismissed by the Connecticut state court and denied a Writ of Certiorari by the US Supreme Court.
Kerchner et. al. v Obama et. al was dismissed by US District Court in New Jersey and is pending in the US Court of Appeals for the 3rd Circuit.
Only two courts have rendered decisions on Obama’s eligibilty, The Marion County, Indiana Superior Court and the Indiana Court of Appeals. In the case of “Ankeny et. al v The Governor of Indiana, Mitch Daniels” the plaintiffs sued to stop Indiana’s governor from allowing Obama’s (and McCain’s) Electoral votes from being certified due to the fact that neither was a natural born citizen. The Superior Court and the Court of Appeals ruled that both Obama and McCain qualify for Indiana’s electoral votes as natural born citizens with respect to Article 2, Section 1 of the US Constitution. The plaintiffs argued that Obama was not natural born because his father was not an American citizen. The courts rejected that argument.
You can read the Ankeny decision at the following link. Scroll down to page 10, Section B “Natural Born Citizen” for the 3 Judge panel’s rationale.
http://www.in.gov/judiciary/opinions/pdf/11120903.ebb.pdf
Just last week the Indiana Supreme Court refused to hear the appeal in “Ankeny et. al. v The Governor of Indiana, Mitch Daniels.”
Lets see if I remember all this correctly:
(Assuming you don’t buy into the ‘born in Kenya’ theory)
The theory that Obama is not a Natural Born Citizen (NBC) is that his father was not a citizen, and he presumably has (or had) dual citizenship at birth. Natural Born and Born with Dual Citizenship being mutually exclusive in the opinions of those supporting this theory.
The theory that McCain was not a NBC is that he was born in a hospital in Panama. In some variations of this theory that makes McCain a dual citizen, and so like the Obama example above he’s inelligible for having dual citizenship at birth. In a second variation, it is admitted that his birth did not confer Panamanian dual citizenship, but the claim is made he is still not an NBC because he was not born in one of the 50 states. (Would someone born in DC also be inelligible?)
All arguments of this type are, in my humble opinion, destined to fail. Esoteric and obscure, little tested in law, based on ancient books - such definitions will not be used to unseat a elected POTUS by any Supreme COurt.