The BC was challenged in Orly’s case. But it wasn’t challenged in the other 2 cases. In those 2 cases the attorneys actually (I think, though I missed this part so I’m still trying to find out what actually happened) argued that the 2 forged BC’s were accurate. So unless the attorneys were arguing that Obama is ineligible EVEN IF the posted COLB and BC are accurate, the actual accuracy of them would be uncontested in those 2 cases.
Of course, they are hotly contested in Orly’s case, but that wouldn’t have to be mentioned in a future case - only that there was a case where those (forged) documents were accepted as prima facie evidence.
I don’t know how the courts work, and I think a person can contest stuff that’s submitted for judicial notice also, but I do wonder if accepting those 2 forgeries as valid makes bigger problems later on.
I also don’t know what a summary judgment means in this case. Was the suit to determine that Obama could not be placed on the ballot because he’s not NBC, or was it just a suit to keep Obama off the ballot? IOW, if the judge rules against Obama does that mean he is actually ruling on Obama’s eligibility, or is he just ruling on whether Obama should be placed on the ballot - for instance, because he has not adequately proven whether he is or isn’t NBC?
This result doesn’t end up deciding NBC. Or does it?
http://en.wikipedia.org/wiki/Judicial_notice
judicial notice IMO would not apply as the subject the BC is disputed hotly throughout the USA. Even if someone tried then it could be attacked. There is also best evidence rule which would allow for a certified copy then the original microfiche to be entered carrying more weight than a copy off the internet.
Res judicata with one exception I know of (patent infringement) allows different parties to litigate same facts against different defendants. I believe the same would happen for FFC clause in different states because of different eligibilty statutes.
http://en.wikipedia.org/wiki/Res_judicata
The question becomes if he is ruled ineligible in Georgia in (judgement form) will full faith and credit cause that decision to apply in all other 56 states? IMO no, but it sure would be fun seeing the clause jammed back in the obots face which they have been screaming aobut.
The point here is the certified copies were not submitted by Obama or his lawyer, why not? Does nobody want to touch that hot potato? Surely the Obama’s team could have subpoened or even just requested that Fuddy bring the original to court and testify to its authenticity? Why did neither happen?
Orly's case today cannot prove ineligibility but only demonstrate a failure to prove eligibility. Orly's default judgment will be based on failure of Obama to submit a genuine BC.
If Obama’s BC is fake, then nothing on it can be relied on as genuine including the father, mother, date and location.
If Obama’s BC is fake he still may or may not be NBC depending on who his actual birth father, mother, date and location.
{I dont know how the courts work,}
Welcome to the club. I am going out on a limb here, but in my years of watching, it seems to depend a little on your political connections and/or the amount of money you have. When God is not in the courtroom you have little reason to expect true justice.