Posted on 12/21/2012 2:10:48 PM PST by Ray76
Voeltz v. Obama DISMISSED
http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=64293606&jiscaseid=&defseq=&chargeseq=&dktid=6821636&dktsource=CRTV
From the Dismissal:
This Court notes that President Obama lives in the White House. He flies on Air Force One. He has apeared before Congress, delivered States of the Union addresses, and meets with Congressional leaders on a regular bais. He has appointed countless ambassadors to represent the interests of the United States throughout the world. President Obama's recent appointment of The Honorable Mark Walker, formerly a member of this Court, has been confirmed by the United States Senates. Judge Walker has been sworn in as a United States District Court Judge and currently works at the Federal Courthouse down the street. The Electoral College has recently done its work and elected Mr. Obama to be President once again. As this matter has come before the Court at this time of year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday file 'Miracle on 34th St.' "Since the United States Government declares this man to be President, this Court will not disput it. Case dismissed."
The Great Pretender is spinning in his grave.
The gist of it was he was up for reelection and if he ruled against Santa Claus, his campaign would be doomed. Maybe there’s a parallel?
Plaintiff’s rememdy, if there is any, (and this Court does not suggest there is) lies with Congress pursuant to Title 3 U.S.C. [Section] 15. See also Robinson v. Bowen, 567 F. Supp. 2d 1144, 1147 (N.D. Cal. 2008)(concluding that issues regarding Presidential qualification are committed to the Congress).
They have ducked it. Until they accept an appeal to hear a case on its merits, this schmuck judge has just as much right to say what he said as anyone else. Of course he is an obnoxious anus, but then again, he is pretty sure he won't be reversed because the case is going nowhere on appeal.
It's like Sheriff Joe, OK. He has the goods on Obama. So frickin' what? Where's he supposed to take the evidence? Cops are not triers of fact. If the SCOTUS won't correct them, lower courts can do as they wish.
In other words, some state official (AG, Governor, etc) would have to take Obama off the ballot, which they have a perfect right to do under state constitutional authority, and which in fact they do in many an election. They rule on the eligibility of candidates for every office in the state! If a candidate removed from the ballot, has a beef with the official's decision, that candidate beconmes the PLAINTIFF and the State THE DEFENDENT, automatically giving the PLAINTIFF standing in a lawsuit seeking relief.
That's the way to get this to the SCOTUS. However, since NOT ONE, NOT 1 state official in the country has seen fit to do his constitutional duty and honestly question Obama's eligibility, he ran, won, and serves ... although IMNSVHO ...constitutionally ineligible to do so.
Sorry, but Obama’s own lawyers have cited courts (including state courts) for defining NBC (although not correctly). The Constitution does give the courts the power to resolve controversies arising under the Constitution. There’s nothing that specifically gives Congress exclusive power to resolve a Constitutional issue.
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