October 29th, 2009
07:15 PM ET
5 years ago

Judge dismisses suit about Obama's eligibility to be president

Judge dismisses suit about Obama's eligibility to be president.
Judge dismisses suit about Obama's eligibility to be president.

(CNN) - President Barack Obama may have one less problem to worry about.

A federal judge on Thursday dismissed a lawsuit that claimed Obama is ineligible to be president because he isn't a bona fide U.S. citizen.

The lawsuit represented the claim by the so-called "birthers" movement that Obama was not born in Hawaii - despite a birth certificate to the contrary - or that if he was, his citizenship was invalidated by living overseas as a child.

In a 30-page ruling, U.S. District Judge David O. Carter of California said his court lacked the jurisdiction to rule on a case intended to unseat a sitting president.

Carter's ruling said the plaintiffs were trying to persuade him to "disregard the constitutional procedures in place for the removal of a sitting president."

"The process for removal of a sitting president - removal for any reason - is within the province of Congress, not the courts," the ruling said.

Carter's ruling also noted that the plaintiffs "have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution."

"Respecting the constitutional role and jurisdiction of this court is not unpatriotic," the ruling said. "Quite the contrary, this court considers commitment to that constitutional role to be the ultimate reflection of patriotism."


Filed under: Extra • Popular Posts • President Obama
soundoff (300 Responses)
  1. Liberals are Hypocrites (but OF COURSE CNN won't print this!

    And ALL Obama has to do is to produce a certified copy of his birth certificate! What's so difficult about that? Would it be any different if George Bush were the topic of this discussion? OF COURSE it would be!

    October 29, 2009 09:01 pm at 9:01 pm |
  2. Are we done yet

    For all those saying that he has not provided his birth certificate... He has. This case is closed. Only is it still alive in the eyes of fools.

    October 29, 2009 09:03 pm at 9:03 pm |
  3. Edwin

    If Obama actually produced a birth certificate as sueb suggests, the birthers would claim it to be a forgery. So why should he bother?

    October 29, 2009 09:07 pm at 9:07 pm |
  4. Rishab

    The man Suing Barack H. Obama, or should I say Barry Soetoro....is also a Democratic Committeeman.

    October 29, 2009 09:08 pm at 9:08 pm |
  5. Tom

    Is it so hard to READ a birth certificate?

    October 29, 2009 09:10 pm at 9:10 pm |
  6. holy MOly

    Incredible... 20% of the people posting here are brithers. These people really need to get a clue. Good Lord, even Ann Coulter has disowned them. You have to be way out there for that to happen.

    But, all that said, they are very funny.

    October 29, 2009 09:11 pm at 9:11 pm |
  7. Are we done yet?

    If these so called 'patriotic citizens' knew their countries history, this would not be an issue. History review, when did Hawaii become a state? 1959. Here's a tip from a professional: read a book. I promise, its not that hard.

    October 29, 2009 09:11 pm at 9:11 pm |
  8. Paul

    The people who believe the President wasn't born in the United States will still believe it even with the dismissal of this suit. I doubt the Democratic Party would have nominated a candidate that was not qualified by the Constitution. the President was Born in Hawaii in April 1961 and that is that. Barrack Obama is President of the United States and the birthers need to get over it. If you don't like the gentleman get rid of him the right way. At the ballot box.

    October 29, 2009 09:11 pm at 9:11 pm |
  9. GI Joe

    Forget the birthers. They're in palin's cult.

    Another SC politician was caught "doing it".

    ha ha ha ha ha ha ha ha ha

    October 29, 2009 09:13 pm at 9:13 pm |
  10. GOPBslapper

    Time to Sterilize all the GOP Birthers, before their genes further pollute an already sub-standard gene pool.

    October 29, 2009 09:14 pm at 9:14 pm |
  11. rudy

    how many times does the guy have to produce his birth certificate and the looneys on right keep saying, "just produce the birthcertificate" he has produced it already!!! LET IT GO BIRTHERS and find some other radical idea to get behind, like Obama's body is taken over by aliens from another planet!!! Wackos wasting the court's time!!

    October 29, 2009 09:15 pm at 9:15 pm |
  12. RH1

    when you hear and see such lunacy and you realize that its based on the number one fact that President BO is black, it makes you realize that no matter how far we have come in this country, things will always stay the same. The Republicans really has a mess hear that cannot be correct unless they move in a diffrent direction.
    Will this happen? NO................................

    October 29, 2009 09:15 pm at 9:15 pm |
  13. republicans hate america

    christian inbreeds is all they are.

    October 29, 2009 09:16 pm at 9:16 pm |
  14. Andrew

    Can we get this straight, obama HAS provided his birth certificate.. we have his birth announcements... we have the governor of hawaii having seen the long document, honestly, what the hell do the birthers have? They say "lets see the birth certificate!" but lets be reasonable, even if one of these birthers had the actual original document in their hand, they'd STILL claim it's a forgery, nothing can satisfy them. They're like the moon landing deniers, nothing, nothing at all, can satisfy them.

    This is a waste of time, and a testament to the idiocy of the fanatic right.

    (Note, not to say the fanatic left isn't without its fair share of idiots too, I mean just look at the anti-vaccine movement... yeah, screw medical science -_-; )

    October 29, 2009 09:18 pm at 9:18 pm |
  15. republicans hate america

    mcphony was not born in the us. thats the truth

    October 29, 2009 09:18 pm at 9:18 pm |
  16. Mike B

    Well most of you are idiots....he did present his birth certificate when all this started.
    Don't you think that Clinton, Newt, Palin, Rush and countless others would have JUMPED at the chance to dispute his citizenship if they had any chance?....and I hate to admit it but they are smarter then the people I see posting here

    The simple truth is that a lot(not ALL, not even most) of you simply are trying to find a reason to get rid of Obama, you don't like his face, his name, his color....you think others can't see it, but to the intelligent its obvious.

    Vote against him if you want in the next election...otherwise stop wasting our time and giving minorities even more reason to distrust and therefore try to work against you.

    October 29, 2009 09:18 pm at 9:18 pm |
  17. chad

    Does any birther really think the GOP would have let Pres. Obama be elected if there was even a shred of viable proof?

    Even BO's biggest opposition think this is a dumb argument. LET IT GO PSYCHOS!

    October 29, 2009 09:20 pm at 9:20 pm |
  18. texasgreenacres

    All the cryer's and complainers about the socialist Health care plan will be first in line to see the doctor if it passes.This is Sick people.Ya"ll act like little spoiled brats!

    October 29, 2009 09:21 pm at 9:21 pm |
  19. Richard

    The outcry for a 'legal' birth certificate is all a sham. There is nothing that will convince them that the President is an American Citizen.
    Newsweek had a copy of the Certificate on its cover a few months back.
    They just don't like him. Period.

    And they resent losing the election to him as much as Democrats resented the Supreme Court decision in 2000 and the re-election of Bush in 2004.

    October 29, 2009 09:22 pm at 9:22 pm |
  20. rkb from Jersey

    Only in America can a group of idiots bring a lawsuit that results in a 30 page decision that essentially says you hired the wrong advisers cause I can't do anything for ya!

    October 29, 2009 09:26 pm at 9:26 pm |
  21. methuselah

    This group of loons will never learn. They will never take of their tin foil hats while chasing flying saucers and JFK's assassin. These fools may have had a legitimate concern a year ago, but this issue has long since been settled. They won't care about your "facts". That's just fodder for them to ignore.

    October 29, 2009 09:27 pm at 9:27 pm |
  22. Nick

    I am a white senior citizen. I believe that we have a brilliant President Obama, who is duly elected, after 8 years of Bush's worst presidency. President Obama is liked and respected by the entire world. Yet it is a shame that we have a number of unpatriotic and idiotic hate- monger racists on this blog. Such idiots have nothing better to do but just spew venom about our great President. These idiiotic racist haters have ruined a once great Republican Party.

    October 29, 2009 09:28 pm at 9:28 pm |
  23. Orly What?

    Well, I guess the "nutcase lobby" had better try another approach.

    October 29, 2009 09:29 pm at 9:29 pm |
  24. 31m-PA

    People, Obama has presented only his short-form birth certificate and an official document that says Obama has a birth certificate. Obama NEVER provided his long-form birth certificate. Obama would resolve all questions/problems if he simply provided his long-form birth certificate. I'm not sure why he's withholding this information. He may very well have been born in this country, but perhaps there is other information on the long-form birth certificate he doesn't want his children or wife to know about.

    Hillary Clinton supporter

    October 29, 2009 09:29 pm at 9:29 pm |
  25. OJ

    Instead of wasting time on the birth place, try to find a health care reform and come up with reasonable suggestions. Don't just say that "our health care is the best", because it isn't. Start spending your time on something that might benefit the American people.

    October 29, 2009 09:30 pm at 9:30 pm |
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