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. PDXSerric

    Figures – this is how the right wingers 'get things done'? By tossing aside the US Constitution if it becomes a hindrance to their beliefs? We would all be wise to remember crap like this in 2012.

    October 29, 2009 08:06 pm at 8:06 pm |
  2. rob vukovic

    Can't wait for the birthers next act.

    October 29, 2009 08:07 pm at 8:07 pm |
  3. Ryan

    Attn : birthers! A birth certificate WAS proven...if you knew how to do your own research you'd see it yourselves... I swear you people are complete nut jobs!

    October 29, 2009 08:08 pm at 8:08 pm |
  4. JON

    He has provided his birth certificate what does he have do mail a copy to every idiot on the right . Please you guy need to go away the rest of us has a country to put back together .

    October 29, 2009 08:09 pm at 8:09 pm |
  5. rob vukovic

    How many times does Obama's birth certificate need to be published (front and back), affirmed by the Hawaii Dept of Vital Statistics as legitimate and backed up with birth announcements published at the time of his birth before this gang of lunatics moved on to a new obfuscation for racism and hatred?

    October 29, 2009 08:11 pm at 8:11 pm |
  6. Denise

    This is beyound rediculous. Factcheck.og has had their hands on the official certificate and if you look back at the Honolulu newspaper back in the day there is a birth announcement. Get off it already and please CNN, stop giving these lunatics airplay!

    October 29, 2009 08:12 pm at 8:12 pm |
  7. Helene

    I can't believe these moronic "birthers" are at it again. They would be laughable if they were not so pathetic.

    October 29, 2009 08:13 pm at 8:13 pm |
  8. RSR

    Yeah, Yeah, Yeah...but why would Obama spend over $800,000 to hire lawyers to "lock-up" ALL his records, if there wasn't anything to hide??? Gee, how will anyone be able to write his autobiography? Oh silly me, of course...he'll write his own!!!

    October 29, 2009 08:13 pm at 8:13 pm |
  9. snowflake

    Thank you, Judge Carter!!! Integrity and common sense! Two "perks" that you will NOT find in the Republican party!!

    October 29, 2009 08:15 pm at 8:15 pm |
  10. Claude in Hawaii

    Anyone born in Hawaii after the annexation in 1898 when Hawaii became a U.S. territory with the overthrow of the government of the Kingdom of Hawaii was entitled to full American citizenship and would be eligible to be elected president of the United States. The only rights we did not have as a Hawaii resident until statehood in 1959 was the opportunity to take part in presendial elections, electing our governor and our congressional representatives to the US Senate and the House of Representative.

    October 29, 2009 08:16 pm at 8:16 pm |
  11. Georgia Peach

    Why aren't the birthers requesting Joe Biden's birth certificate? If they think they can prove he is not legite, then automatically Biden becomes President and Pelosi VP. Do they get a pass?

    October 29, 2009 08:16 pm at 8:16 pm |
  12. gwen

    The "Birthers" have got to be largest group of uneducated, crazies out there. Get a life people!

    October 29, 2009 08:17 pm at 8:17 pm |
  13. T Mckinley

    I would like to ask the birthers a question:

    What if a DIFFFERENT African American "left of center" Democrat would have been elected President?

    Would you guys be questioning that person's citizenship also?

    This BOGUS issue is sore loserism at it's worst.

    October 29, 2009 08:18 pm at 8:18 pm |
  14. Bev

    I forgot to add.....................

    If this judge gave a 30 page ruling............This means that he looked at the evidence.

    And, if he looked at the evidence--it does not appear that he thinks that those who filed the lawsuit-–or the evidence-–is unfounded, or beyond being questioned.

    His ruling simply implied---that at his level, he does not have the power to do anything.

    October 29, 2009 08:18 pm at 8:18 pm |
  15. A Proud American THIS TIME!!

    The ignorant tying up their time and making it widely known how crazy they are.. while they support the GOP! THANKS GOPPERS' DROPPER'S! Your ignorance is quite helpful! The moral: Just keep publicly showing your stupidity! Us Dems are LOVING IT!

    October 29, 2009 08:18 pm at 8:18 pm |
  16. Gentwelve

    The neo-con right wing faction of the Republican party will, without hesitation attempt every means possible to take out the President or bring down the United States in order to gain political power by default.

    After legal attempts fail, the next step will be civil disobedience by anonymous violence and intimidation. As a final assault the neocons will resort to direct attacks on either the President, his administration or members of congress at the federal or state level.

    There may be hope and it may or may not be with the current President, but I believe that the good will of the American people will prevail over the neo-con Republican right and the socio-lib Democratic left.

    October 29, 2009 08:19 pm at 8:19 pm |
  17. Diesel

    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.

    The Plantiffs were trying to twist and disregard constitutional proceedures instead of realizing what they were fighting for was a

    October 29, 2009 08:20 pm at 8:20 pm |
  18. tom owens

    these clowns will not stop this nonsense. there hate is blinding them to no end.

    October 29, 2009 08:21 pm at 8:21 pm |
  19. Tampadoug

    The leaders of the birther movement keep beating the bushes for donations. Where does all the money go? When are the birthers going to realize they are SUCKERS? It's alll about the money – not the law.

    October 29, 2009 08:21 pm at 8:21 pm |
  20. Marcel

    LoL. Only a moron would recognize the legitimacy of this argument since most of those who buy into this don't know that Hawaii is a state. It will be more truthful for these wingnuts to present to the US Courts: "I just don't want Obama as president because he's racially mixed black man with a Muslim name."

    October 29, 2009 08:22 pm at 8:22 pm |
  21. Michael

    Let's see if i can "get this right"... The Obama Adminsitration Pay$ the Taliban, so it can produce Heroin, to support the corrupt Kharzi Bros. so that American Soldiers can be killed in Afghanistan so that we can kill Afghani civilians who practice a "gutter religion" to spread the words of the "false pedeophile prophet" so that we can borrow the funds from China so that we can drive Japenese cars and enjoy "free healthcare" so that our teenage boys and girls can be unemployed and enlist in an army fighting an unjust war so that we can pay$ to the Kharzi Bros...

    Stop the World I want to get off!!!

    October 29, 2009 08:22 pm at 8:22 pm |
  22. DJ

    You neo-confederate goons really need to get a life. Obama's mom and her family were citizens regardless of a piece of paper.

    October 29, 2009 08:23 pm at 8:23 pm |
  23. Mobius

    Notice how the case isn't dismissed on *merit*, but rather by jurisdiction.

    Then again, all these so-called 'birther' cases are dismissed on something OTHER than merit.

    What a sad case this country has become.

    October 29, 2009 08:23 pm at 8:23 pm |
  24. Mike

    Do you morons really think that he was sworn in as President of the United States by not producing a birth certificate? Get real.

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

    The Court can't rule outside of it's jurisdiction. Jurisdiction can't be waived or ignored.

    If people understood the const. they would understand the ruling.

    October 29, 2009 08:27 pm at 8:27 pm |
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