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. ac

    its too late we have a socialist/marxist running the country. we're done for and its too late.

    October 29, 2009 07:52 pm at 7:52 pm |
  2. Lynn

    The weirdest fact about the birthers is the ring-leader is Dr. Orly Taitz, not a natural-born citizen herself, . A sometime dentist in CA and a sometime lawyer. She's an immigrant from Russia which makes this entire disgusting episode even more suspicious.

    October 29, 2009 07:52 pm at 7:52 pm |
  3. Bob

    So what the court was saying is we need to petition Congress for impeachment of this illegitimate White House squatter! That really should not be hard to accomplish given most if not all Republicans and Independent members of both the House and Senate will favor it as well as those Democrats disillusioned by his wanting to make health insurance mandatory for all Americans; making it a crime for any individual citizen not to have proof of health insurance when asked for identification by the police, much as it is for not having proof of vehicle insurance. Pretty soon there will be insurance prisons just to house those who don't pay the companies giving kick backs to Osama and his crowd.

    October 29, 2009 07:52 pm at 7:52 pm |
  4. liz

    Just to clear up the gloating over Judge Carter's ruling. I wish I could say he had no right to throw it out,he really did have grounds in that a Quo Warranto of this nature must be handled in the DC Court. Also, the counsel was not the best even though

    October 29, 2009 07:53 pm at 7:53 pm |
  5. Melanie

    This is such a racial issue. Rebublicans don't paractice what they preach!

    October 29, 2009 07:54 pm at 7:54 pm |
  6. I am Newt's ex wife

    This is just right wing nutjobs at work

    Does anyone think that George W Bush is really a "Texan""....come on.

    Anything will be tried by these idiots.

    John McCain was spposedly born in Panama...where is the outrage about him??? Typical GOP hypocrisy

    October 29, 2009 07:54 pm at 7:54 pm |
  7. Eileen

    liberals lie so much they don't even know what a lie is any more. The only reason this clown is in the white house is because of the liberal left media that covered up for him. That and Oh yeah ACORN voter fraud. Why doesn't he just produce his original document. It's only the American presidency after all. Dems are dispicable to have forced this joker on us and divide the country this way.

    October 29, 2009 07:54 pm at 7:54 pm |
  8. Joe

    His place of birth has nothing to do with it. He could have been born in Kenya, but if he was born from an American citizen mother and an American citizen father he was still be a natural born American citizen and qualify to be President. But in his case he wasn't born by two American parents. He is not a natural born citizen.

    October 29, 2009 07:55 pm at 7:55 pm |
  9. geo

    I wish people would stop listening to the outrageous claims of talk radio and start looking at reality. Obama was elected President by an overwhelming majority. No Administration trumped constitutional rights more than George Bush, Dick Cheney and the rest of that crowd. Nor did this country fall into such a poltical, domestic and foriegn policy nightmare without much assistance from the previous administration. The blatant disrespect for this President is appauling.
    I was called un patriotic because I disagreed with the Iraq war, but its okay to carry pictures of a white faced joker Obama in the name of health care?? get real!!!

    October 29, 2009 07:55 pm at 7:55 pm |
  10. susie

    Why doesn't he show the original birth certificate so this problem can go away.

    October 29, 2009 07:55 pm at 7:55 pm |
  11. A Proud American THIS TIME!!

    Ha-ha! Now quite wasting OUR tax dollars on such rediculously frivilous crap that ties up our court systems! Such absurdly ignorant fools that obviously feel that are worthless individual's unless they are spreading hate and tainting OUR country with whatever they can fictiously or 'mentally' drum up! What a shame and a waste upon all of us.. ESPECIALLY during such trying times this country and world is having! I guess terrible people like these have no where else to go but to stoop even lower.

    October 29, 2009 07:55 pm at 7:55 pm |
  12. Birth Certificate

    Why do people continue to question the legitimacy of the birth certificate if the judge mentions it's submission as providing contrary evidence?

    October 29, 2009 07:57 pm at 7:57 pm |
  13. Donna

    the people who keep saying "it hasn't been decided on the merits" don't understand the constitutional requirement of separation of powers. There are areas in which courts cannot act because the constitution doesn't permit them to do so. The same people who are (incorrectly) claiming that the constitution renders President Obama ineligible would walk over another part of the constitution to try to prove that. And would be the first to scream "activist judge" when it suits their purposes.

    October 29, 2009 07:59 pm at 7:59 pm |
  14. liz

    Judge Carter did have technically correct right to dismiss and the counsel was not the best. However, do not gloat for long because his coup will be exposed for the sake of history and the Constitution.There are people just warming up. Consider these federal actions warmups.Lessons have been learned and patriots,not birthers will see this thing through. He is ineligible by dint of his stated sire that through "Framers intent" can not be seen otherwise. Also, it is being discovered his COLB that the media likes to wave around is unauthenticated by the Dept. of Health Hawaii. The proof is in the pudding and that is happening. Expect very exciting litigation to occur in Hawaii.Even if he is not removed...TRUST ME...his credibility will. Everyone will know that the rule of law was raped in broad daylight.

    October 29, 2009 07:59 pm at 7:59 pm |
  15. Wise Latina

    McCain was born in the Canal Zone, a US protectorate until Carter gave it away, and NOT Panama.

    And no one is really questioning if Obama is a "bona fide" citizen! Rather we question whether he is a natural born citizen, since he has not shown proof to that effect. CNN: READ YOUR CONSTITUTION!

    October 29, 2009 07:59 pm at 7:59 pm |
  16. Wade

    I'm a life long Republican and even I think these "birthers" are nuts.
    Please when you criticize these idiots, don't bunch them in with all Republicans.
    You'll be surprised to know how many of us think these people are crazy.
    Let it go already. Obama is the POTUS.
    If you want him gone, let's come up with someone better qualified to do the job and stop wasting energy on tin foil hat ideas.

    October 29, 2009 07:59 pm at 7:59 pm |
  17. Diesel

    That was a big waste of energy for another LIE!

    October 29, 2009 08:00 pm at 8:00 pm |
  18. Thomas

    How much did this cost the American people ?????????


    October 29, 2009 08:00 pm at 8:00 pm |
  19. Peter s

    Nonsense! from conservatives! who want to maintain their aristocratic agendas!!. Stop victimizing President Obama!! he is more intelligent than all conservatives combined. You whine about abortion, he preaches about responsibility!! which is more correct. Pathetic conservatives talks about the right of children to live!!! I agree with you 100% but before that, please remember 2 consenting adults have to remove their clothes and have sex!!. Lets stop the culture of extenze, viagra and ciares before we start talking about abortions and Obamas eligibility after all this guy is the best thing which have ever happened in America!!

    October 29, 2009 08:02 pm at 8:02 pm |
  20. Shawn Williams

    Why didn't the birthers get all up in arms about John McCain, who actually WAS born outside the US?

    October 29, 2009 08:03 pm at 8:03 pm |
  21. T Mckinley

    This STUPIDITY never should have been an issue to begin with.

    These people just can't stand the fact that our President is an African American.

    This STUPIDITY is nothing but pure RACISM, plain and simple.

    October 29, 2009 08:04 pm at 8:04 pm |
  22. Paul, Chesapeake VA

    The LEGAL birth certificate has been produced and posted on-line.... you morons. Do you really think Obama has fooled the Secret Service, the CIA, the FBI, and Homeland Security? How many brain cells do you have?

    When a birth takes place in a hospital, the mother gets a pretty certificate where everything is written in by hand – names, dates, etc. Now let's say a year or so later you need an official copy because you can't find the original 'pretty' one from the hospital because of a fire, divorce, misplaced, whatever. You have to get one from Vital Record (or equivalent, depending on the state), and what you get is the same thing that Obama got from Hawaii and is posted on line – a computer printout that is completely LEGAL (unlike the the harassment Obama is getting from the GOP losers).

    October 29, 2009 08:05 pm at 8:05 pm |
  23. Barbara -

    Google snopes.... all the proof you need from Hawaii that President Obama is INDEED and American citizen. You birthers are vile. You really believe that aside from all the legal documents from Hawaii that two Hawaiian newspapers printed a fraudulent birth announcement in 1961? Was someone truly a prophet and knew that in 2009 this child would become President and might need a phoney birth announcement ? Get real.... forget your REAL Agenda and the reason for it... President Obama, a mulatto won the election!!!!!!! Deal with it!

    October 29, 2009 08:05 pm at 8:05 pm |
  24. TW

    John McCain was never even born in the US in terms of the 50 states and DC. His mom gave birth to him at a US Naval hospital in the Canal Zone-which is now officially Panama. Also, of the first 10 US Presidents and of the first 10 US Vice Presidents; 9 US Presidents and 6 US Vice Presidents were born BEFORE the Declaration of Independence was even signed.

    Also, except for the one President, neither one of the first 10 Presidents or first 10 Vice Presidents were born BEFORE the Constitution was even ratified by first of all Delaware or the colony even became a state. Among those who are not quote, "natural citizens of the United States" end quote Washington (who wrote the Constitution) and Jefferson (who did the Declaration of Independence). Does that disqualify them as the 1st and 3rd US Presidents and in Jefferson's case, the 2nd Vice President?

    October 29, 2009 08:06 pm at 8:06 pm |
  25. dan

    haha, in response to corey's saying that "if Bumbles can do something against the Constitution, like passing socialist healthcare" i am not at all in favor of converting this country to socialism (and neither is our president) but to start saying all this stuff is against the constitution is ridiculous. I just recently took my SAT2 and AP US History test, and i can tell you that there is nothing in the constitution that prohibits socialist type legislation or governance. Many of our founding father (Hamiltion, Adams and many others) were actually very aristocratic and socialist in nature. Know your history before you start making generalized statements which simply go along with republican talking points to attempt to discredit our president.

    October 29, 2009 08:06 pm at 8:06 pm |
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