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. Sheryl

    Hasn't she committed a crime yet? Why do we entertain these idiots!!!! this is not news CNN!!!

    October 29, 2009 05:24 pm at 5:24 pm |
  2. Four and The Door

    These Birthers are a dispicable bunch! That's one of the problems in America today. People have no patience anymore. Can't they wait until 2012 like the rest of us?!?

    October 29, 2009 05:25 pm at 5:25 pm |
  3. phoenix86

    Obama was born in the US. Drop this already. Only an American could be so ashamed of America as Obama is.

    October 29, 2009 05:28 pm at 5:28 pm |
  4. Ann, California

    Amen! This judge along with all the previous others has integrity and just plain common sense.

    October 29, 2009 05:28 pm at 5:28 pm |
  5. Scott, Tucson

    It's all irrelevant now, as a nation we just need to survive the next three years of this administrtion until we can vote this clown out of office for either another Democrat or an Republican who at least can show some form of true leadership and knows what he's doing.

    October 29, 2009 05:29 pm at 5:29 pm |
  6. S M R

    Just sitting here shaking my head and rolling my eyes.

    October 29, 2009 05:31 pm at 5:31 pm |
  7. Gorbashov - Long Beach, Ca.

    Is this the death of the "birthers"?

    Unfortunately, probably not!

    Let the comedy, brought to us by wingnuts, continue!

    October 29, 2009 05:31 pm at 5:31 pm |
  8. C. Farrell, Houston, Tx

    I questions the right of these so called "Birthers" to be American citizens. Maybe they are Taliban.

    October 29, 2009 05:31 pm at 5:31 pm |
  9. catawungus

    Birthers make up laws in their heads and then are outraged when courts don't rule in their favor.

    October 29, 2009 05:32 pm at 5:32 pm |
  10. Sue

    WELL, what would one expect from a politically "paid for" opinion!!!!!!!!

    October 29, 2009 05:32 pm at 5:32 pm |
  11. Sama Mondeh

    At some point, filing a frivolous suit should carry a penalty. Wasting tax-payer dollars should not be tolerated any more. A stif penalty would do the trick and stop this madness promptly!

    October 29, 2009 05:32 pm at 5:32 pm |
  12. Stu

    Congress isn't going to act in this direction. The Obama presidency was given a free pass and rubber stamp from the beginning of the campaign. What really needs to be addressed is what "natural born" means because the Constitution has been misinterpreted to mean "born on U.S. soil." This is incorrect.

    October 29, 2009 05:33 pm at 5:33 pm |
  13. catawungus

    CNN continues to give airtime to morons. This leaves less time for vital information and issues. Let's see some of that Chatty style, and everyone chuckle now.

    Or, CNN can go back to what it was to begin with and provide relevant NEWS.

    If I wanted to see clowns, I'd go to the circus.

    October 29, 2009 05:33 pm at 5:33 pm |
  14. Steph

    Calling a judge unpatriotic for following the rule of law...will you people stop at nothing?!?! I'm sorry your little crazy witch hunt didn't pan out the way you expected it to.

    The majority of the American people elected a president on Nov. 4th of last year. That's how the system works. If you don't like it, you can either leave this great country or you can wait until your next chance to elect the person you'd prefer to be president. Stop wasting the judges' precious time!

    October 29, 2009 05:34 pm at 5:34 pm |
  15. silly birthers

    the first bunch of presidents were not born here

    Arnold for president

    October 29, 2009 05:35 pm at 5:35 pm |
  16. Sue

    It used to be an old age "money talks" NOW it's POLITICAL POWER.
    Whatever happened to this country we ALL immigrated to?????

    October 29, 2009 05:37 pm at 5:37 pm |
  17. Debbie

    I'm an Army brat who was born in Germany and lived most of my childhood in Paraguay. By the "logic" of the Birthers, I guess I'm not a citizen, either.

    October 29, 2009 05:38 pm at 5:38 pm |
  18. Pat

    Funny how this keeps going. They never rule against, they just say look there is nothing we can do about it. Too much power in the executive.

    October 29, 2009 05:38 pm at 5:38 pm |
  19. D. Tree

    The Birther Movement is one of the most disgusting things I've ever seen.

    October 29, 2009 05:40 pm at 5:40 pm |
  20. S M R

    These IDIOTS will write a book and make millions. SO SAD

    October 29, 2009 05:40 pm at 5:40 pm |
  21. Rosebud

    If he could he should sue them all for slander and libel.

    October 29, 2009 05:41 pm at 5:41 pm |
  22. Will S

    McCain was born in Panama. How 'bout them apples?

    October 29, 2009 05:42 pm at 5:42 pm |
  23. Michael - Portage, Mi

    Actually, I think we should fall back on the Republicans' definition of unpatriotic and treasonous that was used during the Bush years.....that being if you don't support our president (e.g., calling him a clown, bringing frivolous lawsuits, etc.), then you are unpatriotic and treasonous.

    October 29, 2009 05:43 pm at 5:43 pm |
  24. Mitch

    In seven years time, when Obama leaves office perhaps the birthers will attack the next Democratic president. We won't have to worry about the Republicans since the angry white men party probably won't be around and will be replaced by 4 or 5 regional wing nut parties.

    October 29, 2009 05:43 pm at 5:43 pm |
  25. Pat

    silly birthers, I don't think the founding fathers needed to prove their patriotism. That being said we are a nation of laws. If the president does not follow the law and the courts do not follow the law who will? This idea of majority rule democracy is out of control. I want my Republic back!

    October 29, 2009 05:43 pm at 5:43 pm |
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