The three Judges on the case were Cudahy, Posner, and Weick.
Further, Judge Varner of NWANKPA v. KISSINGER was appointed by Nixon.
If you want to argue that judges appointed by Presidents Reagan, Eisenhower, and Nixon don't understand the law and the Constitution as well as you do, go ahead.
The major problem is the "judge pool" is so contaminated by decades of appointments by Roosevelt/Truman (and their subsequent influence on the laws and law schools) that it is very difficult indeed to find a sensible grain amongst the chaff.
Reagan made mistakes, (Sandra Day O'Conner, Anthony Kennedy) and So did Eisenhower, (Earl Warren, William Brennan, Potter Stewart) and So did Nixon. ( Harry Blackmun, Lewis Powell)
It is not that they don't understand the law, it is that they understand so much of it that isn't so. (To Paraphrase Reagan.)
Cudahy wrote the court's opinion.
And I don't have to argue with them to know what the intent and meaning of the NBC clause.
He did not take issue with the "natural born" of the main opinion.
Right lib lurker. It's nonsensical dicta that had no bearing on the outcome.
Remember your flow chart for Birther responses to caselaw that rebuts Birther claims.
Caselaw: From a state court.
Birther Response: Unacceptable because it’s not from a federal court.
Caselaw: From a federal district court.
Birther response: Unacceptable because it’s not from a federal appellate court.
Caselaw: From a federal appellate court.
Birther reponse: Unreliable because the judges who penned the opinion was not a Republican appointee.
Caselaw: From a Republican appointee on a federal appellate court.
Birther response: Unreliable because it’s not from the Supreme Court.
It helps to remind you how few Birthers have any sort of real legal education. No serious lawyer would ever argue to a court that precedent is unreliable based on the partisan affiliation of the President who appointed the judge who wrote the opinion.