[El Gato]

The district court correctly dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted.

Which of course says nothing about the underlying Constitutional issue.

[jamese777]

“Which of course says nothing about the underlying Constitutional issue.”

---

An “underlying constitutional issue” is ajudicated in a serious lawsuit and not in lawsuits deemed “frivolous” where the plaintiff’s attorney is reprimanded by the Court for filing a silly lawsuit. The fact that a three judge panel at the United States Court of Appeals for the District of Columbia rejected the appeal of the plaintiff and affirmed the decision and sanction imposed by the DC District Court speaks volumes.

The Hollister v Soetoro case was the famous “interpleader” suit where Hollister tried to force Barack Obama and Joe Biden to litigate who was really president so that he (as military officer subject to recall) would know whom he owed his “loyalty” (a “loyalty” valued at $500).

The District Court in DC found the lawsuit to be “frivolous” and reprimanded attorney Hemenway for filing it. United States District Judge Robertson wrote:
“This case, if it were allowed to proceed,
would deserve mention in one of the books
that seek to prove that the law is foolish
or that America has too many lawyers with
not enough to do.”