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. Bill

    The only possible reason Obama would allow this to go on is if he indeed has something to hide. And I suspect he does. He was born in Kenya and admitted this during an interview when he was running for the senate. It is such a farce that this administration is all about "transparency" yet he won't reveal any document about himself including college transcripts or his original Hawaii birth certificate. It really makes you wonder what he has to hide. Both part leadership (headed by George Soros) know that he is not a US citizen. The corruption in this country goes very deep.

    October 29, 2009 08:27 pm at 8:27 pm |
  2. Mac

    Obama has provided his information so these people need to drop it already. I know about his heritage and I know it's rumored he applied for his Fulbright scholarship as a "foreign national." But quite frankly people applying for college scholarships, college entry etc use anything they can to their advantage or as an edge, including the claim of being 1/8 American Indian.

    Drop it and move on already. The bottom line for most people is we want some decisions on Afghanistan, Iraq, alternative energy etc.

    Many people have commented about the "birther" movement being disgusting. And the "birther" movement is ridiculous however the 'truthers" are absolutely despicable.

    October 29, 2009 08:28 pm at 8:28 pm |
  3. Charles

    Split the GOP. Let the Rush/Palin/Wilson nutcakes wander off stage right into ideological oblivion, and the rational ones (McCain/Graham/Powell) will take the other 80% of the conservative base, half the independents, and a sizable portion of the left-center.

    October 29, 2009 08:28 pm at 8:28 pm |
  4. Nick

    His birth certificate is on the internet. Google it. And it is, in fact, a birth certificate, despite the fancy name. Birth certificate, certificate of live birth. I fail to see the difference honestly. They both certify that he was born.

    October 29, 2009 08:30 pm at 8:30 pm |
  5. andrea

    You have got to be kidding Me...What a Shame...What a Waste

    October 29, 2009 08:31 pm at 8:31 pm |
  6. Joe S,

    . . . And he's not eligible because these nut cases SAY so?

    October 29, 2009 08:32 pm at 8:32 pm |
  7. Grace

    It is absolutely scary that certain elements ( the hate mongerers) in this country disguise themselves as patriots when in fact they are as far removed from the essence of this great nation as anyone can get. They are the REAL unpatriotic groups. So pathetic in their blind hatred and the epitome of the lunatic fringe.

    October 29, 2009 08:34 pm at 8:34 pm |
  8. Steve Lyons

    Well now isn't that a cowardly dodge. The man should have never been allowed to run and prosecuting that issue isn't at all limited to Congress. Congress IS allowed to remove a legitimately elected president, but ALL of us have a duty to uphold OUR Constitution if we don't wish it to fall.

    October 29, 2009 08:35 pm at 8:35 pm |
  9. wgraves

    This all started with John Mccain last year. There have been elections were the running or elected president with concerns over his birth place was in question. Many still believe that Chester A Arthur was born in Canada. I think there is a book about it. Its was never proven true or false,. and hundred and plus years later its still talked about. Most people would questioned Mccain's birth place because it was on an army base in Panama Canal in 1936. But hey we just love to waste time in this country.

    October 29, 2009 08:35 pm at 8:35 pm |
  10. A.B.

    The court was correct to reject and dismiss this absurd suit by the birthers. This case had no logical or legal merit in the first place. The people who brought this suit should have been fined and assessed fees for wasting tax payer's money and the court's time with this nonsense. President Barack Obama was born in Hawaii, an American state and is defacto, an American citizen. The fact that Obama lived in Indonesia for four years does not invalidate his American citizenship any more than it would the citizenship of any other American. This entire episode belies the absurdity of racism and hate.

    October 29, 2009 08:35 pm at 8:35 pm |
  11. Becky

    He HAS provided a birth certificate. As for it being a fake I guess someone was planning this years ago when the Honolulu paper printed his birth announcement?? These people are grasping at straws. Why not spend their time and money to solve problems within the Republican party to come up with a serious challenge in 2012?

    October 29, 2009 08:36 pm at 8:36 pm |
  12. Carolyn

    And just who are we suppose to believe? The honorable US District Judge David O. Carter, or the Dimwits.

    October 29, 2009 08:37 pm at 8:37 pm |
  13. Philip

    I verily applaud the Courts for not entertaining such madness from the so-called "birthers" or "haters". At some point, filing a frivolous lawsuit should carry a very stiff Penalty. Wasting the tax payers' money on something this unrealistic should not be tollerated.

    October 29, 2009 08:38 pm at 8:38 pm |
  14. zumlover

    Methinks all this negativity towards a president who is an outstanding, and altruistic gentleman who can carry a big stick when he has to, is just a lot of sour grapes.

    October 29, 2009 08:38 pm at 8:38 pm |
  15. Rose

    I am more curious as to why he won't release his school records, what is the big deal about that?? To me, it says he does have something to hide, what doesn't he want us to know.?

    October 29, 2009 08:39 pm at 8:39 pm |
  16. PAUL

    Republicans will do and say anything to derail the American people away from what is reallllly important in this country. Republicans don't care anymore. ...they've become almost child like.

    October 29, 2009 08:40 pm at 8:40 pm |
  17. Anne Desmond

    "Birthers" to what... lies, deception, hatred and racism? They show the world how foolish and petty they are. Why don't they use their time and money to lift people up, lend a helping hand to make America stronger, not divided and weaker?

    October 29, 2009 08:40 pm at 8:40 pm |
  18. Mere P

    Okay, this is just crazy! Has everyone forgotten high school social studies? Depending on the laws of the time, I believe Obama can also claim citizenship through the fact that his mother and grandparents are all American citizens. He gains citizenship through his parent!

    Just b/c you didn't get your way stop wasting this country's time and money with your nonsense! Get a real cause!

    October 29, 2009 08:40 pm at 8:40 pm |
  19. Matt

    Republicans waste soooo much time. They have acheived absolutely NOTHING!

    October 29, 2009 08:41 pm at 8:41 pm |
  20. Dil

    What is this? This is absolute madness. 'Birthers' are a bunch of maniacs. This is clearly showing that they do not accept the fact that an African American got elected as the president. On the contrary this could be the plan another attack by the elephants trying to create an earthquake on the grounds of the donkeys. This may yet turn out to be an epic failure. Hopefully, this will not be in the favor of Birthers.

    October 29, 2009 08:42 pm at 8:42 pm |
  21. Alex

    3 more years!

    October 29, 2009 08:43 pm at 8:43 pm |
  22. Southernhrt

    I don't understand why he can't just produce the original birth certificate if it is no big deal. Then this would all be over. I just requested my birth certificate to get a passport. Took 2 weeks. Why won't he just produce it and be over with all of this? Those that doth protest too much?????????

    October 29, 2009 08:45 pm at 8:45 pm |
  23. Doc Ray

    Morons, like the birthers, should not be allowed to continue to tie up our court system with frivolous law suits. The next time a birther brings a suit like this, please slap them with a hefty financial penalty. Thanks, your honor.

    October 29, 2009 08:47 pm at 8:47 pm |
  24. Ryan

    Its funny that everyone is crying out what they are trying to do. I don't agree with it but it seems like a resemblance to what the Democratic party was trying to Bush the whole time. Impeach Bush I remember was a vastly though thing during his last few years. Every side does it. So stop your crying.

    October 29, 2009 08:49 pm at 8:49 pm |
  25. Grace

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

    Naive much? Presidents hide more than you'll ever know about. And have done so with things that are far more offensive and dangerous than this nonsense the birthers have started.

    Is it so hard for you people to accept that we have an intelligent, well traveled, well educated man for president? Were you really THAT enamored with Bush and his cronies?

    October 29, 2009 08:53 pm at 8:53 pm |
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