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. chad

    For all of you saying he needs to show a legal birth certificate...go online it can be found there.

    P.S. If I was President Obama I wouldn't show it to you either...it gives credence to your craziness. What would be next? We want to see Bo Obama's dog lisc?

    October 29, 2009 09:30 pm at 9:30 pm |
  2. David Ian

    This is getting sillier and sillier, Obama's birth certificate has been available for the public to see since this stupid issue came up. It's called a 'Certificate of live birth', the same as my own children and all the children born in the USA have. This is simple minded desperation. For the record, McCain was born in Panama, he had two US citizens for parents and was born on a US military base, Barry Goldwater ran in'64, he was born in Arizona when it was only a territory. His parents were citizens. Get a grip people. The court made no ruling as to merit because it is not within it's jurisdiction. I'm an immigrant and I get it.

    October 29, 2009 09:34 pm at 9:34 pm |
  3. cocopial

    Here we go again, "Obama have one less thing to worry". Yes, consevative CNN reporter. Do you want blood from Obama now.

    October 29, 2009 09:35 pm at 9:35 pm |
  4. charlie in Maine

    That is why they call it a nuissance lawsuit. Because they are.

    October 29, 2009 09:38 pm at 9:38 pm |
  5. Rob

    Go away birthers, just go away! Obama HAS produced a birth certificate. The state of Hawaii has confirmed it. There is even a Hawaiian newspaper clipping floating around out there announcing the birth.

    So either ACCEPT the fact that Obama is the President OR FIND ANOTHER COUNTRY you racist morons!!!!

    October 29, 2009 09:39 pm at 9:39 pm |
  6. jack me hoff

    Hopfully we only have a few more years to argue about Obama and his socialistic ways!

    October 29, 2009 09:40 pm at 9:40 pm |
  7. Tammy

    Hey folks, wasn't the birth certificate produced? or maybe it wasn't YOUR type of certificate?!

    October 29, 2009 09:40 pm at 9:40 pm |
  8. Willsooooon!!!

    How ironic!!

    The very people who who claim to be defenders of the constitution are demanding to disregard the constitution as a means for their end.

    October 29, 2009 09:42 pm at 9:42 pm |
  9. A wised up Democrat who is now an Independant

    This is a croc of crap. It only admits that the congress and judical system does not want to own up to the fact they made a mistake> In the meantime we will have to endure this muslim tearing our country apart.

    October 29, 2009 09:42 pm at 9:42 pm |
  10. thersa

    "Disregard the constitutional procedures"? Since when did that stop the right?

    October 29, 2009 09:44 pm at 9:44 pm |
  11. John

    Leave the President alone!!!!!!!!!!!

    October 29, 2009 09:46 pm at 9:46 pm |
  12. Partiot885

    To all you rabid Obama "Kool-Aid" drinkers and HATERS of all conservatives:
    The so-called "Birther's" movement is driven by a 28-year veteran Democrat, the (former?) deputy-attorney general of Pennsylvania, Phillip Berg. He is a strict Constitutionalist and definitely NOT a Republican nor a conservative (Yes, there is a difference!)

    So STOP with the "trash-talking" against those who disagree politically with Obama's socialist agenda.
    It is YOUR hatred that is poisioning the political waters, not the Republicans or conservatives.

    October 29, 2009 09:46 pm at 9:46 pm |
  13. Anonymous

    For the last time:
    Obama's birth certificate is available online you fools. Learn to use google images and read news articles.
    CNN, please stop this by simply posting a truth meter or statement like "Obama presented his birth certificate and made it available in an attempt to end the controversy." One line, all the difference.

    October 29, 2009 09:47 pm at 9:47 pm |
  14. Ted Tartaglia

    Do you think the birthers and the Tea Baggers care what the courts rule. They don't care. They believe they are right no matter how contrary to the Constitution their beliefs are.

    This just shows how easily these undereducated people are led by unscrupulous manipulatorslike Hannity, Limbaugh, Beck, and Dick Armey.

    October 29, 2009 09:47 pm at 9:47 pm |
  15. richard

    The left wing nuts who have responded to this story are the true haters in this country. They adore the leader of the party of death that stands by each day and allows scores of babies to be aborted because their trashy mothers and fathers were to drunk or high or ignorant to use birth control yet condemn the right for wanting to defend the country from Muslim extremists. This country is weaker now than ever and fading fast because the hypocrits on the left are too ignorant to see how they are destroying everything this country stands for. Dont call Republicans dispicable, etc......rather, look in the mirror and realize you represent everything evil and horrible about this country.

    October 29, 2009 09:47 pm at 9:47 pm |
  16. James

    Good call.
    When are these crazie pepole going to accept the fact that teir guy lost and Obama won, and the funny thing about it is that John McCain was the one born outside the U.S in the Panama Canal Zone, he may of been born legaly an American but the fact is still humerous.
    I wan not happy with George Bush but I followed the rules and waited untill we had a chance to legaly change the sitting parties.

    October 29, 2009 09:47 pm at 9:47 pm |
  17. Old Farmboy

    You know.. One think that is starting to really tick me off is how we.. the American people continue to try to find ways to unseat the man that won the presidential election. That man is President Obama. Look, I'm Republican and will always be that. I have respect for the man and the position that he holds. This needle in the haystack that some are trying to find is getting old and to be honest, proving the ignorance of some people. Ya'll should think back into the Nixon years. If the president is removed, then guess what? You get President Biden... Oh, and it gets better. If he goes down, then it's President Pelosi. So all I can say is... Sit up... Listen up... and Shut Up... Be careful what you wish for......

    Have a nice day....

    October 29, 2009 09:48 pm at 9:48 pm |
  18. Bill

    It could all be solved by providing a valid birth certificate. Why won't Obama produce a birth certificate that is valid?? Can you liberal hatemongers answer that very elementary question. No he has not.

    Liberals need to stop their defending Obama on all issues and start asking some real valid question....Lib's are clueless.

    I had to show a birth certificate to get my drivers license....and it is not required to meet the qualifications to be the President as dictated by the constitution....how rediculous is that???? Falls right in line with Obama's relentless attack of the constitution. You are losing your liberty, freedom of speach, and you are giving generations a debt that will never be paid! Grow up and get smart Liberals!

    October 29, 2009 09:48 pm at 9:48 pm |
  19. Shelton in VA

    I don't know if he's a citizen or not. I can't stand him though because I can't find a job because of that guy.

    October 29, 2009 09:51 pm at 9:51 pm |
  20. sam

    Stop your insidious bickering, America, and try and pull your country out of the sh.tter. Why are you guys so hellbent on totally destroying your own country? Wise up!

    October 29, 2009 09:53 pm at 9:53 pm |
  21. Mr. Moderate

    Come on people – don't you think the Secret Service and/or FBI checked this out when he was a candidate. Or are they in on it to?

    October 29, 2009 09:53 pm at 9:53 pm |
  22. ThinkAgain

    John McCain was born in the hospital at the Coco Solo submarine base in the Panama Canal Zone – and like all "Zonians," he is a natural born U.S. citizen.

    If he had been elected president, would these same "birthers" be filing frivilous lawsuits in court, trying to unseat him because he was not born in the continental U.S. and "his citizenship was invalidated by living overseas as a child"?

    October 29, 2009 09:54 pm at 9:54 pm |
  23. Bob in Pa

    How long did it take for him to find that little loop hole.

    October 29, 2009 09:55 pm at 9:55 pm |
  24. New Yorker

    No wonder there is doubt about the legality of his presidency. According to Obama's paternal grandmother , half-sister, and half-brother, Obama was born in Kenya. His grandmother said she was present at the birth.

    October 29, 2009 09:55 pm at 9:55 pm |
  25. Art

    The Board of Elections and the DNC should be convicted of fraud for not verifying the eligibility of this man to even run for President.

    October 29, 2009 09:58 pm at 9:58 pm |
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