Posted on 02/19/2012 9:35:33 AM PST by Seizethecarp
The Honorable R. Kenneth Coleman, Senior Status Judge, appointed Special Judge to preside over challenge.
(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...
While there could be nothing to prevent another judicial declaration that the Ankeny confabulation is settled law on the definition of NBC to make Barry eligible, another avenue to get an appeal to SCOTUS may have been established.
Fogbowers seem a bit perplexed and offended that this appointment of a retired judge has given standing to "an out-of-state interloper" to challenge precious Barry. Apparently, in MS "any person" has standing to make a ballot challenge so Dr. Taitz did not have to either be a MS "elector" (qualified voter) or have one as a client.
Fogbower lawyer "Bob" (aka "Sgt. Friday Bob" lays out the likely sequence of events in Mississippi:
"IOW, SCOMS has indicated that it has jurisdiction to hear this challenge. It appointed a special judge to preside over the matter.
"The special judge may decide the matter over papers. Or the special judge may order an evidentiary hearing.
"At the end, the special judge will write a recommendation, and send it SCOMS. It can accept or reject the recommendation, or send it back to the special judge with instructions.
"Nb. Taitz is pro se (no client or PHV to get in the way)."
We can all dream on—but I doubt anything will become of this.
My big fear is that he is going to be re-elected............
ping to Dr. Taitz getting standing for a Mississipi eligibility hearing.
When does Ms have their primary? The hearing would have to be held prior, one would think.
What I am seeing as a problem is, the states (GA recently) end up indemnifying obama.
Orly should come to Texas. If Rick could find a pair, he’d have standing. Of course, the powers that be in Texas are doing everything they can squash our votes.
“Please Orly, ask someone like Mario Apuzzo to represent you in this matter.”
At least Orly should hire local MS counsel to enter her evidence and witness testimony into the record!
The “class” in the sentence in MvH about which doubts are expressed has “citizens” as the subject, NOT “natural born citizens.”
From Minor v Happersett:
“Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of the parents. As to this class there have been doubts, but never as to the first.”
Yet some people insist on substituting the phrase “natural born citizen” into that sentence for the word “citizens.”
Due to honest expectation bias or partisan dishonestly, people defending Barry’s eligibility WANT the sentence to read:
“Some authorities go further and include as natural born citizens children born within the jurisdiction without reference to the citizenship of the parents. As to this class there have been doubts, but never as to the first.”
But that is NOT what is written in MvH. The “doubts” are NOT about a sub-class of NBC, but a sub-class of citizens who are NOT NBC at birth because the immediately preceding MvH definition of NBC (about which there is no doubt) ONLY includes those born in the country to parents who are citizens.
The MvH holding on the definition of NBC is precedent because it was required to establish a citizen class to which Mrs. Minor belonged.
The WKA declaration that WKA was a citizen was based on the non-citizen class identified in MvH about which there were doubts as to CITIZENSHIP and the WKA court reached WKA’s citizenship but NOT his NBC status. Even the Ankeny court admitted this, as did Malihi.
Sorry — “Indiana Court of Appeals” should have been “Indiana Supreme Court.”
IIUC the issue became moot once the electoral college and Congress certified the election results with no objections...and Barry was sworn in. After the inauguration there was no remedy that an Indiana state court could provide to the plaintiffs.
In effect the 2012 ballot eligibility challenges are the only available “appeal.”
Thanks for the ping. At least she is fighting!
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