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. Debby

    So is the birth certificate legit or not they didn't mention that. All they said its up to Congress to take out a standing President and we know that won't happen as its all Democratic.

    October 29, 2009 07:39 pm at 7:39 pm |
  2. Josh

    First, no amount of evidence will satisfy these people. But the Democrats have to enjoy this because it really paints all Republicans as complete nut jobs.

    October 29, 2009 07:39 pm at 7:39 pm |
  3. Limbaugh is a liberal

    Obama has produced the original birth certificate. It has been available not just online, but the actual hard copy item has been seen and reviewed by dozens of experts, including those from the right. No other president in history has been so thoroughly scrutinized about their birth. What more do you want? A time machine that transports you back to Hawaii to the very event of the birth??? But then again, these 'birthers' would rather have McCain, who was actually born in Panama, making him sooo much more legitimate presidential material.

    October 29, 2009 07:40 pm at 7:40 pm |
  4. Danno

    I love these Birthers! It's nice to know that the Democrats aren't the only ones with the true whack jobs!! I say MORE BIRTHERS AND PALIN!!!

    October 29, 2009 07:40 pm at 7:40 pm |
  5. Peter E

    CNN, why don't you produce a link in this article showing the FACTS of the case, including the birth certificate that has been publically available all this time. Afraid that producing the facts and putting a controversy to rest will not get you more advertisement dollars?

    October 29, 2009 07:42 pm at 7:42 pm |
  6. marco

    Really? Provide a real birth certificate? Would that shut up the birthers? Probably not, they'd just say it's fake and each and every one of them would demand to hold it in their own hands.

    October 29, 2009 07:43 pm at 7:43 pm |
  7. dan smith

    Too bad obama sealed all of his records that could prove he was born in the U.S.. Even his own grandmother from kenya said she was present at his birth, since she never left kenya obama had to be born in kenya making him ineligible to be President. All you people that want to compare this with Mccain's birth,sorry but Mccain provided his real birth certificate proving he was born on a military base which is considered U.S. soil.

    October 29, 2009 07:43 pm at 7:43 pm |
  8. TCM

    so....it's not dismissed, just passed the buck to a liberal congress, so they can bury the crime. The judge was probably threatened like joe the plumber and Gov Rod....Obama's a thug, and unfit to lead this nation.

    October 29, 2009 07:43 pm at 7:43 pm |
  9. tracey

    Good for the judge – I hope all the court costs have to be paid by the birthers.

    President Obama is the best thing to ever happen to this country!! Where would we be if it was still Bush or McCain (and I like McCain very much!)

    October 29, 2009 07:44 pm at 7:44 pm |
  10. JohnR

    Even if Obama was removed, that would make Biden President, not McCain... so what difference does it make? I guess GOP would just prefer a White Dem. president instead of a Black Dem. president. Thats about the only outcome that would arise even if they did win so what the..??

    October 29, 2009 07:44 pm at 7:44 pm |
  11. Eric Blair

    Interesting how all the major news organizations that had stories on Obama as "Kenyan" born in their older articles going back to 2005 have all now "Updated" them and changed or taken out the statement of his foreign birth all together. All's well at the memory hole, I guess. War is peace freedom is slavery ignorance is strength

    October 29, 2009 07:44 pm at 7:44 pm |
  12. historian

    If it wasn't for PRESIDENT OBAMA and his capable administration, our economy would probably have collapsed. When will these foolish birthers do something worthwhile?

    October 29, 2009 07:46 pm at 7:46 pm |
  13. Barry

    Why pay million's to have his past sealed? Would you do that unless you had something to hide. If it was a Repulican. You would be shouting the same thing. Don't be a hypocrite. By the way I'm indep. I'm sick of the democrats and republican's.

    October 29, 2009 07:46 pm at 7:46 pm |
  14. Peter E

    Oh, and just to be fair, all these birthers should provide proof that all their previous presidents were also born in America. I don't think any other president, or for that matter, any of these 'birthers' themselves individually would stand up to the level of investigation Obama has been subjected to regarding his place of birth.

    October 29, 2009 07:47 pm at 7:47 pm |

    The Birthers are midless Zombies devoid of any intelligence. These droolers spend their day listening to Rightwing hate radio. No wonder their brains are fried! These people should be deported they truly aren't real Americans. Such an embarassment they are! Americas shame!

    October 29, 2009 07:47 pm at 7:47 pm |
  16. Non Birther

    These people are obviously ...The same people that that want tort reform?!

    October 29, 2009 07:49 pm at 7:49 pm |
  17. Michael

    Which other President has had so many crazy people question the legality of his citizenship?

    I certainly hope the Right Wing Conservative Republican Party of failure keeps this up because it will lead to a 400+ electoral vote land slide reelection.

    October 29, 2009 07:49 pm at 7:49 pm |
  18. Wild Bill

    The judge should have allowed the lawsuit to go to court as the birth certificate from Hawaii has not been proven to be valid. Obama is not a legal citizen and should never have run for the presidency. McCain was born in Panama but he was born as the child of a man serving there in the military and where ever a military man is serving overseas his children are American citizens if he just has his wife living on the base with him. The liberals in congress keep making it a racist thing for anyone who opposes the covert socialist muslim traitor.

    October 29, 2009 07:49 pm at 7:49 pm |
  19. Emma

    One of you said Obama should just come up with his birth certificate. Where have you been? He did that. It is a required document to be able to campaign for the Presidency.

    October 29, 2009 07:49 pm at 7:49 pm |
  20. Liberal_and_Proud

    Take that you stinking 'birthers'! Now, go help someone in need instead of wasting your time here on Earth.

    October 29, 2009 07:50 pm at 7:50 pm |
  21. Crazymoon2

    OK, here it goes one more time.
    All Republicans, tea party people (or what ever you call yourselves), mavericks, conservatives, GOP, religious right and if I left any thing out I am very sorry.
    Barack Obama won the election! That's right, he won. We had an election, americans voted and he came out on top.
    Now he and his administration has the job of cleaning up the last 8 years of hell the american people and the world had to endure.

    October 29, 2009 07:50 pm at 7:50 pm |
  22. trigger

    What a waste of public funds! Another waste of time and money propagated by a Republican!

    But, I'll be generous...I'm sure you guys can find something else about the Prez to pick on.

    October 29, 2009 07:51 pm at 7:51 pm |
  23. spokanebob

    I really despise obama but I think enough is enough from these idiots. There are many things to indict obama on but this issue is a waste of time and energy.

    October 29, 2009 07:51 pm at 7:51 pm |
  24. Ben

    I'm so proud of this President. I'm so proud of the American people for electing this President. It's such a pleasure to have a person of intelligence in the office. God Bless America.

    October 29, 2009 07:51 pm at 7:51 pm |
  25. Trace

    Why not produce a birth ceterficate and elimanate all the court cost! Just more for the tax payers to pick up the tab on. I have mine, don't you?

    October 29, 2009 07:51 pm at 7:51 pm |
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