Kerchner v. Obama Dismissed For Lack of Standing - Question Elegibility only at ballot box!

Wednesday, October 21, 2009 Court Dismisses Kerchner Complaint/Petition for Lack of Standing. The Decision Will Be Appealed. The Hon. Jerome B. Simandle of the Federal District Court in the District of New Jersey at 10:39 a.m., on October 21, 2009, filed his long-awaited opinion dismissing the Kerchner et al. v. Obama et al. complaint/petition. We allege that Obama has not conclusively proven that he was born in Hawaii. We also allege that even if he was so born, he is not an Article II “natural born Citizen” because his father was a British subject/citizen when Obama was born and Obama himself was born a British subject/citizen, all of which makes him ineligible to be President and Commander in Chief of the Military. We also allege that Congress violated it constitutional duty under the Twentieth Amendment to adequately investigate and confirm whether Obama is an Article II “natural born Citizen.” The Court found that the plaintiffs failed to show that they suffered an “injury in fact.” It added that plaintiffs’ alleged injury is “only a generally available grievance about government” and “is one they share with all United States citizens.”

The Court said that it cannot take jurisdiction of the issue of whether Obama is a “natural born Citizen” and whether Congress has acted constitutionally in its confirmation of Obama for President because the matter is a “political question” which needs to be resolved by Congress. "The plaintiffs’ remedy against Congress may be achieved by voting at the polls."

American People unfortunately still do not know whether Obama is constitutionally qualified to be President and Commander in Chief.

As promised, plaintiffs will be filing an appeal to the Third Circuit Court of Appeals located in Philadelphia, Pennsylvania.

Mario Apuzzo, Esq. 185 Gatzmer Avenue Jamesburg, New Jersey 08831 http://puzo1.blogspot.com/ October 21, 2009

Yes, I agree. No one has any reason to trust our electoral system. There is no audit trail in most precincts. Neither party has been willing to press the issue for several decades. While I had a preference in the 2004 elections, I supported several groups more motivated by what they felt was a stolen election, but using their talent to improve the veracity of vote counting. It isn't just Acorn. They mostly appear to take advantage of absentee ballots. The nonexistent audit trail in the vote counting process is an even bigger problem. I used to develop laboratory instrumentation management systems. The FDA would not have validated vote counts from any precinct in the country.

Exactly. This judge's reasoning argues that the time to correct the ineligibility of Calero is at the next election. This, of course, is absurd. Someone, an attorney I presume, on the Apuzzo blog http://puzo1.blogspot.com named Mark pointed to a Warren Court decision in the 1960s which explicitly contradicts the reasoning of this judge. Powell v. McCormack 395 U.S. 486 (1969) http://supreme.justia.com/us/395/486/index.html

“Chief Justice Warren determined that the only critical one in this case was whether there was a “textually demonstrable constitutional commitment” to the House to determine in its sole discretion the qualifications of members.563 In[p.695]order to determine whether there was a textual commitment, the Court reviewed the Constitution, the Convention proceedings, and English and United States legislative practice to ascertain what power had been conferred on the House to judge the qualifications of its members; finding that the Constitution vested the House with power only to look at the qualifications of age, residency, and citizenship, the Court thus decided that in passing on Powell’s conduct and character the House had exceeded the powers committed to it and thus judicial review was not barred by this factor of the political question doctrine.564”

We have judges who cower from their sworn allegiance to the Constitution. Obama is turning into such a nightmare that I have hope he and his mob will contribute to a massive swing. But these judges remain, as do all the legislators who chose to ignore the so obvious eligibility problems of both major candidates (McCain, but not Obama, was the subject of several congressional investigations resulting in a Senate Resolution cosponsored by Obama which had no legal effect claiming McCain was a NBC). This provided cover for Obama's ineligibility. Republicans wouldn't dare question Obama's problems because they could remove McCain with confidence; the same law firm defending McCain in eligibility lawsuits, Kirkham & Ellis, advised Obama, and had a Senior VP on Obama's election committee.

These representatives have allowed such enormous damage to our economy and threats to our freedoms to occur that we must all remember and remove them from office. They are mostly professional politicians, but as unemployment reaches twenty percent, many will keep track of their names. Their pork was redistribution. Ask Caterpillar, a union shop, how much redistribution has helped keep them employed. This is the Chicago Mob reinforced by the worst of the bourgeois academic Marxist community, and funded by some opportunistic bankers - Goldman Sachs, Soros...

Significant flaw in hizzoner’s reasoning, IMO. The observation that the remedy is the next election presumes there will be a next election (not guaranteed). Also, the determination that the alleged injury extends to the entirety of the American public, and thus obviates standing for the plaintiffs, is asinine. The judge’s argument is morally abhorrent, although it is founded in precedent. Another example that what is ‘legal’ is NOT always right.

Best of luck on appeal. This issue STILL deserves a full hearing and proper resolution. Of course, 0bama could end the whole thing very easily...just release the BC, the passport records, the college records, and the details around all those Social Security numbers.

It’s time to take back the country.

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