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. Damian from Boulder

    Where were the birthers when Bush was starting frivolous wars in the middle east and running up our national debt. They are 2 terms 2 late!

    October 29, 2009 07:00 pm at 7:00 pm |
  2. Perusing-through

    A more appropriate response from the judge would have been to throw this idiotic 'birther' in a mental institution.

    October 29, 2009 07:01 pm at 7:01 pm |
  3. old timer

    Of couse no judge will rule on this because they are all afraid of losing the job and the good pay. OBAMA SHOULD NOT BE PRESIDENT.--–if he was born in the USA then why doesn,t he publish or show his real birth certificate. Not the laser printed one or a birth anouncement from the paper laser printers were not around in 1961

    October 29, 2009 07:02 pm at 7:02 pm |
  4. kevin

    It's people like this that make me question democracy. But alas, even idiots deserve their opinion.

    October 29, 2009 07:13 pm at 7:13 pm |
  5. Mike in Oahu

    I would suggest that some of these "birthers" are so uneducated, that they probably don't recognize Hawaii is one of the 50 states. They are an entirely irrational and totally emotional herd, content with following the pin headed pied pipers of political talk radio quacks.

    October 29, 2009 07:14 pm at 7:14 pm |
  6. J.C. - Independent

    I did not vote for Obama, but this is abuse of our judiciary system.

    It is ridiculous that any foreign visitor can fly in as a tourist or walk across the boarder and give birth to a baby, who immediately becomes a US citizen, while President Obama's citizenship is being ridiculed.

    Can these birthers be tried for treason?

    October 29, 2009 07:15 pm at 7:15 pm |

    So only the congress can unseat him for not being a US citizen? Thats ok, we will take this up first thing when we take back control of congress in 2010. FIRST THING. There are reasons for not having a resident alien as president. The proof is obamas sympathy for islam and his interest in seeing islamic insurgents defeat our military. That is the reason for his delay in deploying more troops. A photo-op saluting the caskets of returning heros killed by obamas people does not fool us. Tick tick tick

    October 29, 2009 07:15 pm at 7:15 pm |
  8. m smith

    Gee the birthers where not following the constitution? Wow arent they the ones that make such a big deal out of it to begin with. They should take all these nut jobs and lock them in the looney bid so they won't hurt themselves or others. What a waste of the court system.

    October 29, 2009 07:15 pm at 7:15 pm |
  9. jliebreich

    Obama HAS produced a birth certificate, but these nuts don't care. To the ignoramus above, "socialist" healthcare is not "against the constitution". It was GW Bush who was illegally GIVEN the Presidency, Obama won fair and square. Finally, he has nothing to hide, it only looks that way because all these racist nuts are throwing everything at him that they can drag up. Just part of the GOP tantrum.

    October 29, 2009 07:17 pm at 7:17 pm |
  10. They call me "tater salad"

    It's about time that this childish, birthers, crap be laid to rest, its long overdue in my opinion! Maybe the judge should bring charges against all of these halfwits for wasting the courts time with these farce,and fact free, frivilous, lawsuits!!!!

    October 29, 2009 07:18 pm at 7:18 pm |
  11. James Michael Roberson

    Some people just will not let this go. One comment said it would be simple for Obama to just settle this by showing us his birth certificate LOL! Do these people even read the articles they are commenting on? HE HAS SHOWN US HIS BIRTH CERTIFICATE!!!!!!!!! Good grief.

    October 29, 2009 07:20 pm at 7:20 pm |
  12. I Can See Argentina from my Front Porch

    It is just unbelievable that people can be so racist and hateful. So much for being "pro-life" when all these conservative birthers do is hate on everybody.
    Please, birthers, get over yourselves.
    Better yet, why don't you people leave this country, and go start your own racist nation somewheres else. Far away, where the rest of us don't have to deal with you.

    October 29, 2009 07:20 pm at 7:20 pm |

    The Court should file a suit against these idiots for wasting the Courts time. I hope they had to pay some serious Court fees!

    October 29, 2009 07:21 pm at 7:21 pm |
  14. Royster

    What a WASTE of time and money! And the same birthers criticize Obama for needless spending?? I am ashamed these birthers call themselves American!

    What is next? Your lawsuits about the earth being flat and we are not children of evolution?

    October 29, 2009 07:22 pm at 7:22 pm |
  15. sir magneto

    Quite clearly anyone who plays THAT much golf is by definition a US citizen whether or not he can produce a birth certificate. Check the constitution, it's in the fine print.

    October 29, 2009 07:24 pm at 7:24 pm |
  16. katn

    But don't you see? President Obama is guilty of "presidenting while black." That's what the birthers are really upset about?

    October 29, 2009 07:25 pm at 7:25 pm |
  17. Jimkeat

    The Republican party has a long and proud tradition, but it is allowing itself to be completely dragged through the mud by the assortment of morons that are taking center stage. Time to purge the party and regain some decency and common sense. This kind of stuff, Palin, Evangelical Christian right wing conservatives are destroying the party.

    October 29, 2009 07:25 pm at 7:25 pm |
  18. terry,va

    Why won't the court rule if the birth certificate is valid? That is the question nothing else.

    October 29, 2009 07:28 pm at 7:28 pm |
  19. sonnie2 Port st lucie

    Gosh when is all this crop going to stop!
    All those loney bins A.K.A as rethuglicansits about time they get a life
    They are burning up with jealousy.Lol

    October 29, 2009 07:29 pm at 7:29 pm |
  20. Cathy

    R U 4 Real?

    October 29, 2009 07:30 pm at 7:30 pm |
  21. maq

    What a waste of time and money! This is why the Republicans have not credibility for me....whether I agree or disagree with Obama, Republican hypocrites are the worst.

    October 29, 2009 07:30 pm at 7:30 pm |
  22. Ren in Memphis

    Will the morons who still believe that the birth certificate hasn't been made public LEAVE the country? We don't need any more of you idiots in the U.S.

    The valid (or *legal*) Hawaiian birth certificate for Pres. Obama HAS been released to the public AND independently verified as such by state officials in HI and the Annenberg Public Policy Center in PA.

    October 29, 2009 07:33 pm at 7:33 pm |
  23. CJ

    as one who has followed the issue for a long time, I'd like to inform the 'people' that Obama's COLB posted on the internet are forgeries.
    The media has lied to you. Obama has not shown his B.C. The one they hold up has a major flaw as a copy of the real deal.. The Hawaii emboss seal. The one item that CAN'T be duplicated. Go to Factcheck and get a look at the seal.
    Can you read Department of Health State of Hawaii?
    The current inhabitants in the WH thinks you are all dupe's, are you?

    October 29, 2009 07:37 pm at 7:37 pm |
  24. Proud American

    Obama has produced his birth certificate..........and the Governor of Hawaii has certified it ...WHAT MORE DO YOU Idoits want !!!!! Let's see the leader of the pack has a foreign accent....maybe they 're not a U.S. citizen.

    October 29, 2009 07:38 pm at 7:38 pm |
  25. Chris

    Glad the judge realizes his constitutional limits – he's right, the constitution lays out how to remove a president – impeachment. I would that all judges would be constrained and let our representatives represent.

    October 29, 2009 07:38 pm at 7:38 pm |
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