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. Liz

    After 30 or more of these cases, you would think President Obama would just unseal his certificate of birth and his college records for a month or two and let the American people see them, etc. ...why doesn't the transparency he spoke of while campaigning hold true with hisbirth and school records.

    October 29, 2009 11:00 pm at 11:00 pm |
  2. Common Sense

    The guy that is leading this group and filing the suits is a Democrat, not a Republican. It seems that President Obama could end all of this by simply showing a real birth certificate, opening up all of the records that are now sealed and telling his aunt that attended his birth in Kenya to change her story. Has his illegal alien aunt ever been deported or is she still being supported by the US taxpayer?

    October 29, 2009 11:00 pm at 11:00 pm |
  3. Not Doug

    We need to rid Washington of all Democraps so this nation can get back on its feet and survive, The longer Barack Oblamo, Nancy Precocious, and Harry Sleaze are in charge, this country is going to continue the downward slide that has characterized Oblamo's term

    October 29, 2009 11:01 pm at 11:01 pm |
  4. windrider

    Obama DID provide a certified copy of his Certificate of Live Birth. That birth certificate has been authenticated both by bona fide outside experts and by the State of Hawaii which has emphatically certified that the information on the birth certificate provided by Obama is accurate and true: he was born in Hawaii. Period. Get over it.

    And the judge was correct. Only Congress can remove a sitting President. Don't like it? Leave. Go take over an island somewhere that you can have your own Constitution. I'll take America and OUR Constitution any day.

    October 29, 2009 11:05 pm at 11:05 pm |
  5. L for Legend

    Shame on you Mike Steele for pushig this. As ususa, you are wrong on every account. Close your mouth!!

    October 29, 2009 11:09 pm at 11:09 pm |
  6. Dshawn

    Why do so many of you identity with the political parties. Clearly Obama was elected. However, to date he has been rather indecisive and let the Congress take the leadership on major issues. I am quite concerned about (1)his socialist leanings and (2) the stimulus monies being spent which in effect devalues the dollar. He will get us further involved in Afghanistan which will make the Russsians and Chinese happy...while NATO proves it unworthiness. I would like to see him man up for once...perhaps kick the UN out of the
    US and make the rest of the world pay for its operations. Is anyone offended.

    October 29, 2009 11:11 pm at 11:11 pm |
  7. George Washington

    funny funny funny americans. you don't know whether your President should be President before you vote for him ?

    October 29, 2009 11:16 pm at 11:16 pm |
  8. normajean

    It's hard to believe that there are actually people out there still trying to unseat the president. I realize there are millions of people in the world whose thinking is so poor that they insist on things that are,if nor outright lies, are at least untrue but what does it take for their predjudice to finally take a back seat and for them to accept actuality.

    October 29, 2009 11:18 pm at 11:18 pm |
  9. Dimslie

    The country elected a power hungry Muslim who hates America. We don't deserve a quick fix nor is it likely in our longterm interest to have one.

    October 29, 2009 11:23 pm at 11:23 pm |
  10. David G

    If all of you morons who say, OBama just needs to produce his birth certificate, well he has 2 times. They have also released the birth announcements of 2 different newspapers in Hawaii the day after he was born. Also, before he was elected, the Federal Government verified he was a U.S. citizen, otherwise he would have been disqualified to run for President. Stupidity is alive and well in the Republican Party. Prime examples are George W Bush, Dich Cheney, Sara Paylin, and Michele Bachman. Oh and don't forget Joe Wilson!!!

    October 29, 2009 11:23 pm at 11:23 pm |
  11. DAVE

    can somebody explain to me why he would spend 1.6 MILLION dollars to fight the producing of his long form certificate?????? this action to pay out the rear for the blocking of this little piece of paper is an outrage..... if liberals can answer this I will take my best bleeding heart buddy to dinner....

    October 29, 2009 11:23 pm at 11:23 pm |
  12. David in MO

    Racism is alive and well in the U.S.A. The silver lining is that this just makes the party of diversity (Democrats!) that much stronger in our committment to our great constitution and its promises to ALL people.

    October 29, 2009 11:25 pm at 11:25 pm |
  13. normajean

    It might be added, for the long term, addle-brained disbelievers that proof of the presidents place of birth has been formally presented to the persons and offices in charge of verification and cannot be disproved. Sorry folks but he is legal and living outside of the U.S. for any length of time does not negate citizenship.

    October 29, 2009 11:26 pm at 11:26 pm |
  14. Enitan

    This so called birther's movement needs to get a life, they are ignorant and a bunch of SORE LOOSERS. The election is over, and for the first time in the history of the United States of America, its not a while male residing in the white house. Freedom atlast.Thank God we finally have a nonwhite as the president of the United states.


    Get a life.

    October 29, 2009 11:27 pm at 11:27 pm |
  15. GOP, you picked the wrong guy..and gal!

    Oh the birthers. What I wonder is what will happen on the first Tuesday after the first Monday in November 2012? What if our President wins in another landslide?

    Oh what will be the excuse then?1?!?!?!?!

    October 29, 2009 11:28 pm at 11:28 pm |
  16. Allen, Texas

    What a bunch of nut cases these Republicans have become. The worst racist is the ignorant one. He or she doesn't even know he/she is racist. It is obvious that when Democrats feel aggieved by the system, they took the constitutional route to resolve the problem. Case in point, Bush v. Gore. BUt for these so – called birthers, they want to circumvent the Constitution. Maybe they should read the Constitution they so professed to love. Does the word, "Impeachment" mean anything to them. These stupid idiots are so stupid, they believe everything they hear from Rush, Glenn, and people of that ilk. I just want them to keep it up because the more they do all these cracy stuff, the more they really show Americans what they are all about.

    October 29, 2009 11:29 pm at 11:29 pm |
  17. Allen, Texas

    Now the Republicans now understand what a "Republic" is, especially now that we have an African American president. I wonder if some of them can even spell the word.

    October 29, 2009 11:32 pm at 11:32 pm |
  18. john

    we had a natural born disaster called Bush. now we have a thinking man in the WH. Thank God.

    October 29, 2009 11:32 pm at 11:32 pm |
  19. Indiana Mike

    For the record; Obama did produce his Birth Certificate. And it was verified by the Republican Govenor of Hawaii. The local paper even had the birth announcement in August of 1961.
    However, the "Birthers" don't want facts, they just want the President gone.

    October 29, 2009 11:34 pm at 11:34 pm |
  20. Valid Birth Certificate

    It took 30 pages for the judge to say, "it's not my job, man?"

    October 29, 2009 11:36 pm at 11:36 pm |
  21. Lou - Manchester, CT

    OK birthers – your case is over...now SHUT UP And...

    Don't go away mad...just go away...

    October 29, 2009 11:36 pm at 11:36 pm |
  22. Enough already

    The president did provide proof of birth from the state of Hawaii. He made it available online for all to see. There were also birth notices in the newspaper. This is just a case of more people trying to steal an election. And considering that Bush Jr took over 1000 days of vacation in his 8 years of office (over 1/3 of his presidency) while destroying our country's economy and terrorizing the rest of the world, it is time for all of the finger pointers to crawl back into the hole they came from. Hopefully this time we can seal it shut.

    October 29, 2009 11:40 pm at 11:40 pm |
  23. James Brooklyn N.Y.

    The hatred in America is simply pathetic. The Republicans will stop at nothing to get power. They are all dictators and domestic terrorists.

    October 29, 2009 11:41 pm at 11:41 pm |
  24. Republicans are the American Taliban

    When you vote Republican this is what you are supporting people....

    October 29, 2009 11:41 pm at 11:41 pm |
  25. LizinstLouis

    Time for birthers to move on....all they are trying to do right now is cast doubt of President Obama's legitimacy to be president so that by the next election, the seed of doubt will have grown to something very real and therefore....probability of him losing reelection. They are not silly...they are just strategizing for the coming election albeit in a nonsensical and malicious manner. These is just my opinion though...I could be wrong but I smell a rat. There is a motivation behind all this so called birther movement....

    October 29, 2009 11:43 pm at 11:43 pm |
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