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Judges told they should resolve eligibility dispute
WND ^ | August 22, 2010 | Bob Unruh

Posted on 08/23/2010 7:19:58 PM PDT by RobinMasters

A district court's ruling in a dispute over Barack Obama's eligibility to be president, if allowed to stand, would strip minorities in the United States of "all political power" and leave the laws to be based "upon the whims of the majority," according to a new filing in the 9th U.S. Circuit Court of Appeals.

The brief was filed by Gary Kreep of the United States Justice Foundation, who is representing Wiley S. Drake, who was a vice presidential candidate on the 2008 ballot in California, and Markham Robinson, an elector from the state.

The case also involves a long list of additional plaintiffs, including ambassador Alan Keyes, and they are being represented by California attorney Orly Taitz and are filing their pleadings separately from those on behalf of Drake and Robinson.

The case challenges Obama's eligibility to be president, citing a lack of documentation for that status, and was the subject of hearings at the lower court level, where Judge David Carter heard arguments.

However, he dismissed it because of his opinion that the plaintiffs suffered no injury – so they didn't have "standing" – and the law left it to Congress to sort out eligibility issues so a court should not step in.

(Excerpt) Read more at wnd.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: certifigate; eligibility; illegal; ineligible; naturalborncitizen; notpresident; obama; pobho; pobo; usurper
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1 posted on 08/23/2010 7:19:59 PM PDT by RobinMasters
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To: RobinMasters

How can a citizen lack standing when he’s being governed by someone who may be ineligible to do so????


2 posted on 08/23/2010 7:25:26 PM PDT by hometoroost (I'm sorry did you say "post racial" president or "most racial" president?)
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To: RobinMasters

They are terrified of what will happen if Obama is disqualified. This doesn’t excuse them!


3 posted on 08/23/2010 7:26:17 PM PDT by SWAMPSNIPER (The Second Amendment, A Matter Of Fact, Not A Matter Of Opinion)
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To: RobinMasters

Mario’s appeal to SCOTUS must be coming up soon.


4 posted on 08/23/2010 7:26:21 PM PDT by Frantzie (Imam Ob*m* & Democrats support the VICTORY MOSQUE & TV supports Imam)
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To: RobinMasters

It is a lousy headline. The Judge has been “told” nothing. Orly merely filed an appeal brief with the 9th circuit making this point. It is a brief, and not a judicial order telling the lower court judge to do anything.

Sheesh.


5 posted on 08/23/2010 7:26:36 PM PDT by AndyJackson
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To: hometoroost
How can a citizen lack standing when he’s being governed by someone who may be ineligible to do so????

It's marxist speak for to h*ll with Constitutional rights.
6 posted on 08/23/2010 7:27:16 PM PDT by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: hometoroost

Good question.


7 posted on 08/23/2010 7:28:07 PM PDT by BenLurkin ("They do their business behind closed doors, and pretend that the world is just beggin' for more.")
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To: AndyJackson

No, Gary Kreep filed this brief.


8 posted on 08/23/2010 7:29:24 PM PDT by cycle of discernment
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To: RobinMasters
i am not a constitutional scholar but the constitution reads that vetting the POTUS candidate is the responsibility of the political party, NOT the candidate.,

IMO all of these lawsuits are failing because they need to sue the DEMOCRAT party to show proof of citizenship

they can sue Obama to demand proof but he does not need to show proof until eternity passes but according to the constitution, the DEMOCRAT party is responsible for vetting its candidates

9 posted on 08/23/2010 7:30:26 PM PDT by KTM rider ( ..........tell me this really isn't happening ! !)
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To: hometoroost
How can a citizen lack standing when he’s being governed by someone who may be ineligible to do so????

Read Judge Carter's ruling. It's in there. Link

10 posted on 08/23/2010 7:33:23 PM PDT by Non-Sequitur
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To: KTM rider
i am not a constitutional scholar but the constitution reads that vetting the POTUS candidate is the responsibility of the political party, NOT the candidate.,

Where does the Constitution say that?

11 posted on 08/23/2010 7:34:10 PM PDT by Non-Sequitur
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To: cycle of discernment

The point is that it is a brief, and so the headline is misleading.


12 posted on 08/23/2010 7:34:15 PM PDT by AndyJackson
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To: Man50D
the republican party has standing to sue the democrat party to show proof of citizenship of its candidate.

but then the republican party is a spineless termite worm so i doubt it will happen

13 posted on 08/23/2010 7:34:36 PM PDT by KTM rider ( ..........tell me this really isn't happening ! !)
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To: SWAMPSNIPER

They will allow this con to continue because they all know that they have been swindled but did not have the courage to speak out.


14 posted on 08/23/2010 7:34:50 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: hometoroost

LOL!

We need to hire an illegal to file.

A gay, black, transsexual, Muslim with AIDs, in the country illegally would have the highest standing.


15 posted on 08/23/2010 7:35:02 PM PDT by NoLibZone (I am currently under federal investigation by the DNC for my opposition to the Ground Zero mosque.)
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To: KTM rider

The Constitution does not even recognize or speak of political parties.

IMHO, it is the STATES who have this responsibility, before they put a name on the ballot.


16 posted on 08/23/2010 7:35:28 PM PDT by Kansas58
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To: KTM rider

Good Idea. But you have no ‘standing’.


17 posted on 08/23/2010 7:35:31 PM PDT by screaminsunshine (m)
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To: cycle of discernment
No, Gary Kreep filed this brief.

Yeah, Orly filed this one. I dare you to scroll to the last page and read the final paragraphs with a straight face. Link

18 posted on 08/23/2010 7:35:54 PM PDT by Non-Sequitur
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To: KTM rider
If you would, please provide the Article and Section in the COTUS which supports your claim that the political party should vet the candidate.

I'd like to see it.

Thanks.

19 posted on 08/23/2010 7:36:24 PM PDT by Bosco (Remember how you felt on September 11?)
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To: KTM rider

There is nothing in the Constitution with regards to parties. I would highly recommend that you read Article 2 which defines the requirements of the office of President (Clause 5).

“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. “


20 posted on 08/23/2010 7:37:32 PM PDT by taxcontrol
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