Bye-Bye, Birthers!
Via Volokh, we hear that the U.S. District Court for the Middle District of Georgia has issued a ruling dismissing a contrived lawsuit by “birthers” that promulgate various conspiracy theories to the effect that President Obama is not, in fact, a “natural-born citizen” qualified to be President and to exercise the powers of Commander-in-Chief. The Court’s opinion provides a case study of a devastating, systematic demolition of the entire lattice-work of claims underpinning “birtherism”. In a remarkable passage, the judge does not even bother to conceal his disdain for “birther” ranting:
First, Plaintiff’s challenge to her deployment order is frivolous. She has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as President of the United States. Instead, she uses her Complaint as a platform for spouting political rhetoric, such as her claims that the President is “an illegal usurper, an unlawful pretender, [and] an unqualified imposter.” (Compl. ¶ 21.) She continues with bare, conclusory allegations that the President is “an alien, possibly even an unnaturalized or even an unadmitted illegal alien . . . without so much as lawful residency in the United States.” (Id. ¶ 26.) Then, implying that the President is either a wandering nomad or a prolific identity fraud crook, she alleges that the President “might have used as many as 149 addresses and 39 social security numbers prior to assuming the office of President.” (Id. ¶ 110 (emphasis added).) Acknowledging the existence of a document that shows the President was born in Hawaii, Plaintiff alleges that the document “cannot be verified as genuine, and should be presumed fraudulent.” (Id. ¶ 113 (emphasis added).) In further support of her claim, Plaintiff relies upon “the general opinion in the rest of the world” that “Barack Hussein Obama has, in essence, slipped through the guardrails to become President.” (Id. ¶ 128.) Moreover, as though the “general opinion in the rest of the world” were not enough, Plaintiff alleges in her Complaint that according to an “AOL poll 85% of Americans believe that Obama was not vetted, needs to be vetted and his vital records need to be produced.” (Id. ¶ 154.) Finally, in a remarkable shifting of the traditional legal burden of proof, Plaintiff unashamedly alleges that Defendant has the burden to prove his “natural born” status. (Id. ¶¶ 136-138, 148.) Thus, Plaintiff’s counsel, who champions herself as a defender of liberty and freedom, seeks to use the power of the judiciary to compel a citizen, albeit the President of the United States, to “prove his innocence” to “charges” that are based upon conjecture and speculation. Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly “protect and preserve” those very principles.
Couldn’t have said it better myself. Now if only we could get someone to use a similar rhetorical scalpel to dispense with the excesses of the rage-fueled left too. Then again, maybe they’re just smart enough to stay out of court.










What a moronic waste of time. No reason to take the focus off of his utter failure in the office for such a ridiculous claim.
What I think will come of this is that in future elections AFTER Barak Obama is gone we will find the congress passing a law that mandates the presentation of an official birth certificate to a non partisan body like the CBO to verify its integrity so we dont go thru this again.
Much as a law was passed after FDR I see something similar being passed after Obama leaves office so that we are never forced to endure this again.
I think the motivation (from the birther side of things) is similar to the Al Capone situation. He was a murderer but was finally put away on something much less, tax fraud. If people believe Obama is hurting their country and/or is genuinely dangerous, etc. than I say good on them for trying.
On the other hand, I think it has hurt the credibility of those who are trying to address more substantial concerns about Obama, to be associated with those who are focusing on such trivia as where he was born, etc.