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(CA) Supreme Court Rejects 'Birther' Challenge to Obama's Election
Metropolitan News-Enterprise ^ | 2/3/11

Posted on 02/05/2011 9:47:46 AM PST by jamese777

The California Supreme Court yesterday declined to hear a challenge to Barack Obama’s election as president.

The justices, at their weekly conference in San Francisco, voted 6-0 not to review an October ruling by the the Third District Court of Appeals. That court threw out a lawsuit by so-called “birthers” who claim that Obama is not a natural born citizen and is ineligible to hold office.

The court ruled that California law does not impose a ministerial duty on the secretary of state or members of the Electoral College to verify a presidential candidate’s eligibility.

Retired Presiding Justice Arthur G. Scotland, sitting by assignment, said it is up to the political parties and Congress, which must canvass the electoral votes of the several states in December of every presidential election year, to determine the qualifications of the candidates.

A judge in Sacramento previously rejected arguments by conservative activists Alan Keyes, Wiley S. Drake Sr. and Markham Robinson that there was “a triable issue of material fact as to which branch of government, and what office within that branch, has the duty to ensure that all candidates on a California ballot meet the eligibility requirements to hold office.”

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


TOPICS: Government; Politics/Elections
KEYWORDS: california; certifigate; naturalborncitizen
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1 posted on 02/05/2011 9:47:49 AM PST by jamese777
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To: jamese777

Case putting Obama alongside Eldridge Cleaver heads to Supremes

Eligibility challenge says precedents set for removing ineligible candidates

Read more: Case putting Obama alongside Eldridge Cleaver heads to Supremes http://www.wnd.com/?pageId=259901#ixzz1D6kByNND

http://www.wnd.com/index.php?fa=PAGE.view&pageId=259901


2 posted on 02/05/2011 9:50:43 AM PST by Hotlanta Mike (TeaNami)
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To: jamese777
The court ruled that California law does not impose a ministerial duty on the secretary of state or members of the Electoral College to verify a presidential candidate’s eligibility.

Although this is the Left Coast, I suspect that this is an honest ruling. The laws in most states only require the Secretary of State be given a Certification by the Democrat and Republican officials that their candidates meet the requirements of state and federal law.

That is why we need these laws amended to require an Original Birth Certificate to qualify for the ballot in Presidential elections.

3 posted on 02/05/2011 9:53:40 AM PST by InterceptPoint
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To: jamese777
Retired Presiding Justice Arthur G. Scotland, sitting by assignment, said it is up to the political parties and Congress

"Not my job."

And what happens if the political parties, or congress, behave in a partisan manner? Or even in a corrupt manner? What then? The courts just shrug?

4 posted on 02/05/2011 9:55:21 AM PST by Cicero (Marcus Tullius)
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To: jamese777

“The court ruled that California law does not impose a ministerial duty on the secretary of state or members of the Electoral College to verify a presidential candidate’s eligibility.”

Why would a state surrender an important power like this to the feds??


5 posted on 02/05/2011 9:57:02 AM PST by aquila48
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To: Cicero

A Pontius Pilate decision.


6 posted on 02/05/2011 9:59:45 AM PST by aquila48
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To: jamese777

Shakespeare was on to something.

At the heart they are all still lawyers, just once removed from chasing ambulances and screwing old widows out of their departed husband’s retirement.


7 posted on 02/05/2011 10:01:38 AM PST by Iron Munro ("Our country's founders cherished liberty, not democracy." -- Ron Paul)
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To: jamese777

I guess it’s above his pay grade.


8 posted on 02/05/2011 10:02:07 AM PST by Malone LaVeigh
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To: jamese777

“The court ruled that California law does not impose a ministerial duty on the secretary of state or members of the Electoral College to verify a presidential candidate’s eligibility.”

Then somebody better Soros, ‘cause he’s gone to an AWFUL lot of trouble and expense......

“A group backed by Soros is gearing up to steal the 2012 election for President Obama and congressional Democrats by installing left-wing Democrats as secretaries of state across the nation. From such posts, secretaries of state can help tilt the electoral playing field.”

http://spectator.org/archives/2009/12/04/soros-eyes-secretaries


9 posted on 02/05/2011 10:12:17 AM PST by Mortrey (Impeach President Soros)
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To: jamese777
Art Scotland, apparently another Sacramento RINO, Mr. 70's sensitive guy who always avoids controversy.
10 posted on 02/05/2011 10:12:17 AM PST by Regulator (Watch Out! Americans are on the March! America Forever, Mexico Never!)
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To: Mortrey

“Then somebody better TELL Soros...”

(sorry...)


11 posted on 02/05/2011 10:14:04 AM PST by Mortrey (Impeach President Soros)
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To: Hotlanta Mike

Case putting Obama alongside Eldridge Cleaver heads to Supremes

Eligibility challenge says precedents set for removing ineligible candidates

Read more: Case putting Obama alongside Eldridge Cleaver heads to Supremes http://www.wnd.com/?pageId=259901#ixzz1D6kByNND

http://www.wnd.com/index.php?fa=PAGE.view&pageId=259901


Obama eligibility-related appeals at the Supreme Court of the United States:
Berg v Obama: Denied
Beverly v FEC: Denied
Craig v US: Denied
Donofrio v Wells: Denied
Herbert v Obama: Denied
Hollister v Soetoro: Denied
Lightfoot v Bowen: Denied
Kerchner v Obama: Denied
Rhodes v MacDonald: Denied
Schneller v Cortes: Denied
Taitz v Obama: Denied
Wrotnowski v Bysiewicz: Denied


12 posted on 02/05/2011 10:15:07 AM PST by jamese777
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To: InterceptPoint

Maybe I’m missing something here, but if that is the case...

why can’t the Democratic Party be named in the/a suit regarding proof of eligibility?

Maybe we’ve be going after this all wrong...

maybe we need to be going after Pelosi and friends.

Maybe it is time to have a few cougars go after their party...


13 posted on 02/05/2011 10:19:03 AM PST by EBH ( Whether you eat your bread or see it vanish into a looter's stomach, is an absolute.)
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To: Regulator

Art Scotland, apparently another Sacramento RINO, Mr. 70’s sensitive guy who always avoids controversy.


The decision was 6-0. Scotland was one vote.


14 posted on 02/05/2011 10:19:29 AM PST by jamese777
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To: EBH

Certifications submitted to the SOS ...are not those documents then part of the public record? And if the filing is only a “statement” and the statement presented was false...


15 posted on 02/05/2011 10:20:30 AM PST by EBH ( Whether you eat your bread or see it vanish into a looter's stomach, is an absolute.)
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To: EBH
maybe we need to be going after Pelosi and friends

I've thought so all along.

16 posted on 02/05/2011 10:35:52 AM PST by InterceptPoint
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To: Iron Munro

At the heart they are all still lawyers, just once removed from chasing ambulances and screwing old widows out of their departed husband’s retirement


Amen Brother.


17 posted on 02/05/2011 10:41:46 AM PST by Venturer
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To: EBH

Certifications submitted to the SOS ...are not those documents then part of the public record? And if the filing is only a “statement” and the statement presented was false..


In Arizona in order to get on the ballot, Obama had to personally sign a notarized statement attesting to the fact that he is a “natural born citizen of the United States.”
If that statement might possibly be false, any Arizona prosecuting attorney could launch a grand jury investigation and subpoena birth records and compel witnesses to testify under oath to see if election fraud was committed.
http://moniquemonicat.files.wordpress.com/2008/12/arizona-election-nomination-papers-barack-obama-signed-statement-he-is-a-natural-born-citizen2.pdf


18 posted on 02/05/2011 10:43:33 AM PST by jamese777
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To: jamese777

I am not a birther, but it seems crazy to me that a state has no jurisdiction in verifying a presidential candidate’s qualifications for office, since states manage all elections and the determination of electoral college voters is made by state law.

It should be a given that a candidate for president should prove he or she is 35 years old and a natural born citizen of the United States before being put on a ballot.

It is nuts that a normal citizen has to go through a more onerous process of proving his identity to get a passport or a social security card than a candidate for president.

What if a citizen was 30 years old instead of 35 and lied about his age? Are the states just going to sit back and accept it and say it is a federal responsibility to prove age when birth certificates are processed by the state?


19 posted on 02/05/2011 10:57:53 AM PST by radpolis (Liberals: You will never find a more wretched hive of scum and villainy)
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To: jamese777

Once again, the courts bend over backwards to not rule on the issue.


20 posted on 02/05/2011 11:10:50 AM PST by DakotaGator (Weep for the lost Republic! And keep your powder dry!!)
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