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

Judge dismisses suit about Obama's eligibility to be president

[cnn-photo-caption image= http://i2.cdn.turner.com/cnn/2009/images/10/29/art.obama1029.gi.jpg caption="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. Tyler

    Goodness folks,
    Get over it and relax.
    Why is it that you don't want him president?
    If he were to be impeached then who, by chain of logic and command would become president?
    Joe Biden.
    You all talk about how much of a bafoon Obama is, if he was our president then what?
    Also, would you want to call new elections? So as to censure our government as in France and England?!
    They are socialists! We can't do anything like them, its pure evil!!! Not even help those who need it!


    Oh and one more thing, McCain was born in Panama. He is not "technically" a U.S. citizen. How come that was never brought up?

    Drop it. Plain and simple.

    October 29, 2009 11:46 pm at 11:46 pm |
  2. william

    I admire the judge for making the judgement he did. OBAMA is president get over it already.

    And too those who seem to down grade obama. This poor man, steeped it one hell of a mess. Two wars, and Economy that is falling appart due to greed. "Greed=Republicans" they are for big business we would not be in this mess if the republicans were really for the people of the US instead of BIG BUSINESS. I wonder how many Republicans have stock in all the HMO and Insurance companies? No wonder they don't want any health care reform. Their companies will loose profits. Stocks will drop and a few more republicans will have to eat cheap beef instead of Angus beef. Poor republicans.

    October 29, 2009 11:48 pm at 11:48 pm |
  3. A concern citizen

    R I D I C U L O U S . America, What have you become?????

    October 29, 2009 11:48 pm at 11:48 pm |
  4. maine liberal

    Is it so hard to produce a legal birth certificate?????

    No, and if the birthers would read and put aside their hatred they would see that the state of hawaii has produced one.

    name one presidential candidate or president who in the past has had to show proof of birth and citizenship

    October 29, 2009 11:49 pm at 11:49 pm |
  5. T'SAH from Virginia

    It should have NEVER been in court!!! The party of NO SENSE is not going to give up!!

    October 29, 2009 11:52 pm at 11:52 pm |
  6. Patriot

    No wonder the rest of the world is laughing at us. And I'm laughing with them!

    October 29, 2009 11:55 pm at 11:55 pm |
  7. Nea

    This is so stupid im so glad that he was not only elected but selected by GOD to do this job and i know some will not agree with it but thats ok. The truth be told when GOD opens a door no Man can close it i dont care what they may do or say, this President was elected for a reason and there is nothing man can do about it yes some want to kill him or do him harm but no weapon formed against him or any of GOD people shall prosper.

    October 29, 2009 11:59 pm at 11:59 pm |
  8. GuyInVA

    Can we put this to rest now?

    October 29, 2009 11:59 pm at 11:59 pm |
  9. jmlstl

    Party Purity will never bring Political Power!

    I am tired of hearing 53% of America elected a black man. He is 1/2 white 1/2 black. Quite bringing race into everything. It's a 50/50 shot on whether you can say black or white man.

    Are these people idiots. YES! Should frivolous lawsuit cost fall on the shoulders of who initiates the lawsuit. YES! Maybe there would be a lot less lawsuits in this country and a lot more useless ambulance chasing lawyers roaming this country.

    October 30, 2009 12:05 am at 12:05 am |
  10. Nobama

    Now I see why CNN is # 4 thank God for Fox news!

    October 30, 2009 12:05 am at 12:05 am |
  11. Y. Roger

    What we have here is a perspective problem. The negativity conceerning the prior 8 years is undoubtedly justified, while the negativity towards this administration is unquestionably unjustified. NUF SED! ! !

    October 30, 2009 12:06 am at 12:06 am |
  12. JS

    Drat...conservatives foiled by judicial activism....oh wait....strict constructionism again!

    October 30, 2009 12:07 am at 12:07 am |
  13. Nobama

    CNN is no longer a reliable new source........look at the idiot Rowland Martin!!! NOBAMA! I am sick of seeing his face on the screen! Get to work Obama and stop reading that teleprompter!!!

    October 30, 2009 12:07 am at 12:07 am |
  14. Dolores

    What on Earth is wrong with these people? I thought they didn't want anything to do with the Government? Now they want the Government to unseat the head of the Governmet???? What the heck.

    October 30, 2009 12:09 am at 12:09 am |
  15. John E Lexington KY

    It is galling that people who supported a man who twice stole presidential elections and then proceeded to destroy the nation's economy, it's international standing and any sense of shared purpose as a nation are now dedicated to destroying Obama who is or tries to be the uniter his predecessor claimed to want to be.

    For the birthers, secessionists, Palintologists and other wing nuts I suggest you all move to Texas, build a golden graven image of your hero, secede to form your more perfect union and that the US build a wall around Texas to keep any of you from immigrating back and reinstilling your venom into the body politic. You are simply poisonous.

    October 30, 2009 12:13 am at 12:13 am |
  16. Dolores

    Let me get this straight. These people don't want anything to do with the Government. But they want a Judge(Government) to unseat the head of the Government? What the Heck?

    October 30, 2009 12:13 am at 12:13 am |
  17. Babs

    Interesting that the judge did not throw out the case on its merits, just ruled that it was not within his jurisdiction to rule on a case that would remove a sitting President. Just interesting, don't you think?

    October 30, 2009 12:13 am at 12:13 am |
  18. Stephee

    It's about time this case be dropped and never spoken of again!
    I can't stand how these birthers still lash out on President Obama.
    I tell you people who didn't vote for him will come back bad-mouthing, blaming, and claiming he's not eligible to be President (even after being sworn in).

    Seriously, get over it!!!!

    October 30, 2009 12:13 am at 12:13 am |
  19. Politico

    Good job CNN putting Obama's picture on this article rather than Taitz. She's gotten enough publicity.

    October 30, 2009 12:15 am at 12:15 am |
  20. Reality Check

    Most of you need to do some research on this subject. If the president was not eligible to run for election based on citizenship then it is up to the judge to rule and send that ruling to the Congress for impeachment hearings. Additionally, the election could be invalidated by the election commission. The judge took the easy way out because he didn't want to be a target of the overly aggressive and prejudicial white house. Now, why is this a question? The president could lay this to rest easily but the fact that he won't makes it that much more suspicious. So, for all you judgmental fools in here, you might want to make sure you understand the issue before you go jumping all over someone. One of the people who brought suit against obama was a Democrat. One more thing, For the Sake of all of humanity stop labeling anyone who voices an opinion against the sitting president a Racist. You sound more ignorant than the people you attack.

    October 30, 2009 12:16 am at 12:16 am |
  21. Lena

    This is disgusting, no one thought of any other past president as being un- presidential until our president came into office. Now because he does not have blond hair and blue eyes he is some how questionable.This a racist act to him and you B & H people should be ashamed of yourselves. What will you do in 10 to 15 years when someone else out side out the usual race run for president and win, what then ?

    October 30, 2009 12:17 am at 12:17 am |
  22. tony

    What a waste of time. Yeah, lets clog up our already over-burdened court system with garbage like this. Rethugs will do anything to get back into power.....

    October 30, 2009 12:18 am at 12:18 am |
  23. Kevin

    The problem here is that the Republicans knew their convention had dealt them a bad hand with making McCain and Palin their candidates. So they decided to do whatever and support whatever to get votes, now they've got all these lunatics in their party and don't know how the hell to shut them up.

    When this nonsense of the birthers came up, Obama showed a legitimate birth certificate. They then responded by saying he'd never produced one. Then they found one that said he was born in Kenya, then were embarrassed to find that it was a fake one using an Australian birth certificate! Obviously someone advised them that the lawsuit had no merit before it was even filed, but they didn't care.

    All of this nonsense just embarrasses the U.S. to other countries who wonder why we have all these nutcases here.

    October 30, 2009 12:24 am at 12:24 am |
  24. Jesse

    The more radical the Republican party becomes, the more they alienate voters. We need to have a system of checks and balances but if the right wing continues to become more extreme it will be marginalized to the point of being ineffective. The way the Democrats lashed out during the Bush presidency and the way the Republicans are now attacking President Obama both look like acts of desperation by dying political parties. Unfortunately the voice of moderates in this country is hard to hear over the dying screams and convulsive thrashings of both the left and right wing nuts. Extremists seem to make the most noise.

    October 30, 2009 12:24 am at 12:24 am |
  25. LA is Smiling

    Now will you hateful nut cases stop the nonsense and take your legitimate issues to the voting booth? Or maybe your real issue has more to do with the fact that President Obama doesn't look the way think our President should. President Obama's LEGAL birth certificate has been produced and verified by the State of Hawaii. But the haters believe it's counterfeit. If President Obama said the sky is blue, you crazies would find something wrong with that statement - a hidden agenda, a code to terrorists perhaps. You guys need to turn off talk radio and go read a good book . . . you might want to start with The Good Book.

    October 30, 2009 12:27 am at 12:27 am |
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