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. Bryan

    Don't you think if he was truly NOT a US citizen that Hillary would have been all over that during the primaries?!?!?


    October 29, 2009 05:44 pm at 5:44 pm |
  2. Al-NY,NY

    this will not stop the idiotic rantings of the birthers...count on it

    October 29, 2009 05:46 pm at 5:46 pm |
  3. Chris

    Oh Man! I spent 6 years of my youth in Spain and Germany at the behest of the State Dept. . Does that mean I'm not a citizen anymore?

    October 29, 2009 05:46 pm at 5:46 pm |
  4. Party Purity will never bring Political Power!

    Impeachment is the only way to remove a sitting President.

    It is a Democratic majority in Congress, so even if the lunatic "birthers" were correct, it would have to be started in Congress.

    It is time for the racists "birthers" to realize a black man was elected by 53% of the American voters, including this so called "white apologist".
    according to the same racists wingnuts.

    You neo-cons will just have to wait until 2012 and try and get another white person in office, legally.

    October 29, 2009 05:47 pm at 5:47 pm |
  5. malclave

    I'm kind of torn on this.

    Most of me acknowledges that the suit is without merit, and deserved to be dismissed.

    Part of me wishes it went forward, just so the issue could be put to bed once and for all.

    And a very tiny part of me looks back at how you libs acted during the previous administration and starts chanting "Mollified, not Qualified" in regards to Obama.

    October 29, 2009 05:48 pm at 5:48 pm |
  6. Enough

    My former Republican Party has sadly been hijacked by the lunacy of the birthers, deathers, twelthers, sucessionists, fundamentalists, etc.

    It reminds me why I left the GOP yet beyond comprehension how anyone could still associate with this nonsense.

    The US District judge made the correct call.

    October 29, 2009 05:49 pm at 5:49 pm |
  7. Tony

    I smell the work of a Republican.

    October 29, 2009 05:49 pm at 5:49 pm |
  8. Martin

    Had president Obama been born before August 20, 1959, then there would be some legitimacy to the 'birthers' claim. Unfortunately for them, he was born August 4, 1961, almost two years after Hawaii became the 50th State of the Union. Case closed, people. Move on already.

    October 29, 2009 05:50 pm at 5:50 pm |
  9. Mike in MN

    Interesting, the Judge did not rule on the merits of the claim, only that is was outside his jurisdiction. Of course Obama could put an end to all the sillyness by just granting access to his birth certificate. But that would be too simple, where is the drama in that.

    October 29, 2009 05:50 pm at 5:50 pm |
  10. Jill

    If ya travel outside the U.S. for vacation, watch out!!!.....Republicans now call that unAmerican! What a bunch of twits!!.

    October 29, 2009 05:51 pm at 5:51 pm |
  11. JES

    I don't think I have ever heard of a president trying to hide so much.

    October 29, 2009 05:51 pm at 5:51 pm |
  12. Susan

    What a mess the Republican Parrty has become.

    October 29, 2009 05:51 pm at 5:51 pm |
  13. Kim in MN

    So Who pays for this waste of time by the bench?

    October 29, 2009 05:51 pm at 5:51 pm |
  14. Frustrated

    All of this is crazy. What about ..... why doesn't he go to work like he promised and leave the television appearances to others? Is he EVER at his desk?? LOL

    October 29, 2009 05:52 pm at 5:52 pm |
  15. Corey

    Well, if Bumbles can do something against the Constitution, like passing socialist healthcare, why can't this judge do anything about his illegal election to the presidency?

    October 29, 2009 05:52 pm at 5:52 pm |
  16. sueb

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

    October 29, 2009 05:53 pm at 5:53 pm |
  17. saftgek

    Exactly where is the provision in citizenship law that takes away one's U.S. citizenship because the person "lived overseas as a child?"

    The amount and depth of racist-based hatred for our President is beyond any level of rational comprehension.

    President Obama was duly elected according to Federal Election Law. For the "Birthers" and the "Haters," Senator McCain tried and failed to win the election. It's been nearly a year since the election.

    At what point will the B & H'ers let it go?

    October 29, 2009 05:54 pm at 5:54 pm |
  18. Doug

    We need to rid the Republican party of such nonsense in order to regain credibility.

    October 29, 2009 05:56 pm at 5:56 pm |
  19. Raj

    what a waste of time ? Stop this hatred.

    October 29, 2009 05:59 pm at 5:59 pm |
  20. Winton from Alaska

    Someone should file a lawsuit against these 'birthers' for filing their frivolous lawsuit and wasting taxpayer dollars.

    October 29, 2009 06:27 pm at 6:27 pm |
  21. Kelly

    An absolute joke, look at the Americans making fools of themselves. You can't respect each other, let alone other countries.

    October 29, 2009 06:33 pm at 6:33 pm |
  22. Bull

    If you want this matter to go away, let it go into the courts, let each side present their evidence in a public forum and then it will be settled once and for all to see.

    October 29, 2009 06:43 pm at 6:43 pm |
  23. Jim in San Mateo

    The birthers, the tea partiers, the palins, limbaughs, etc. are taking over the Republican Party and turning it into a screaming bunch of wingnuts.

    What a shame 🙁

    October 29, 2009 06:51 pm at 6:51 pm |
  24. Ilona Proud Canadian

    It absolutely boggles my imagination, at the shameful
    shenanigans this woman has pulled, time and time

    This lawyer (?) was previously fined $20,000 and yet
    she continues on her crazy quest!!!!!!!!!!!!!

    It is obvious that she does not intend to stop. I hope this
    latest waste of the courts time, and taxpayers' money is
    going to result in some REAL PENALTIES........if a fine
    of $20,000, did not stop her I don't know WHAT WILL!

    Enough already birthers, you lost, suck it up, and MOVE

    October 29, 2009 06:53 pm at 6:53 pm |
  25. CM

    It is not this President that has anything to hide. You can betcha that if he had not been eligible Hillary would have been the first one to yell. i believe that the birthers are racists and regardless if they had ten million birth certificates they would not believe one of them.

    October 29, 2009 06:57 pm at 6:57 pm |
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