“As with all matters legal, there is a longer form argument to take into consideration such matters as a statute at the time of Obozo’s birth which denied to an American mother (but not an American father) the right to pass citizenship to a newborn where the mother was between 18 and 21 years of age. That short-lived statute would be laughed out of any court today as an obvious violation of equal protection based on the suspect category of sex. If you think about it, it is a lot easier to KNOW who the mother is than who the father is, absent DNA testing. I am not very anxious to require DNA tests to prove NBC status.”
Even though the Federal 9th Circuit is the most overturned circuit in the nation it is noteworthy that a three-judge panel of that circuit in dicta in the Marguet-Pillado case has already declared that any foreign-born baby with a mere “biological-related” connection to a US citizen is a natural born citizen.
So the “suspect category” of marriage is also passé, at least in the 9th Circuit, in addition to the suspect category of sex.
It is also noteworthy that the Congressional Research Service (CRS) cited this Marguet-Pillado dicta in their paper on NBC eligibility, a paper that Barry’s lawyers cited in an eligibility court case. See my FR vanity post on the case:
“Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya (vanity)”
http://www.freerepublic.com/focus/f-bloggers/2857598/posts
In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his III Analysis dicta, states: No one disputes that Marguet-Pillados requested instruction was an accurate statement of the law, in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.
The America we know will cease to exist after January 2015. When the Republicants take back the Senate and expand their control of the House, the oligarchs who put little barry bastard boy in power to end the Republic will just shut the economy down and step into their protected bunkers to wait out the death and disease mayhem to follow. America is no longer a nation of Rule of Law. The Constitution has been cancelled step by step so this discussion is merely a distraction from the reality about to crush We The People.
SCOTUS, in a decision by William O. Douglas (therefore nearly 40 years ago) struck down bastardy as a relevant legal classification. I never cared for Douglas but that decision made sense in that the child has no say-so in the fornication or adultery giving rise to his/her birth. Given the rising tide of out of wedlock births, bastardy is problematical at best.