Skip to comments.Hollister v. Soetoro-- Dismissal Affirmed
Posted on 03/23/2010 10:49:42 AM PDT by Lurking Libertarian
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
BEFORE: Henderson, Tatel, and Garland, Circuit Judges
These consolidated appeals were considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district courts orders filed March 5, 2009, and March 24, 2009, be affirmed. The district court correctly dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. Hollister v. Soetoro, 601 F. Supp. 2d 179 (D.D.C. 2009). Moreover, the district court did not abuse its discretion in determining that counsel had violated Federal Rule of Civil Procedure 11(b)(2) and in imposing a reprimand as the sanction for his part in preparing, filing, and prosecuting a legally frivolous complaint. Hollister v. Soetoro, 258 F.R.D. 1 (D.D.C. 2009). Appellants have provided no reasonable basis for questioning the impartiality of the district court judge. See Liteky v. United States, 510 U.S. 540 (1994).
Eligibility lawsuit ping.
Sanctions! The judicary is so corrupt. Can this be appealed now to SCOTUS?
This should scare off any other plaintiffs who seek proof Nobama is constitutionally qualified to be president. I really, really hate him.
Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.
This was predictable according to most legal experts, so I never expected much else especially with that inept Orly Taitz leading the effort.
Yes. But having been shot down already at two levels what chance do you think it has of being taken up?
“Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.”
I was not aware that Courts are required to make decisions based on the number of people that happen to sign a certain petition.
Can it be any more obvious that America has been taken over by dictators?
What is worse is the cheerleaders here defending it.
They aren't. But the court should really think twice before calling a lawsuit with such broad appeal "frivolous" and applying sanctions for bringing it.
“What is worse is the cheerleaders here defending it.”
Some are. Some cheerleaders can’t cheer anymore.
parsy, whose pom-poms got taken away. . .
Aren’t you the one who got a warning from the head honcho?
How nice of you to disregard his warning.
Parsi, you lost you "pom-poms" a long time ago.
Makes you wonder who and what Obama really is.
Hello there parsy....hope you are well...DS who lends her pom poms to parsy (don’t tell the powers that be where you got those pom poms parsy!)
Can we vote Orly off the island?
In this case, this is what the court is saying make it frivolous: "failure to state a claim upon which relief could be granted." So even if Obama is proven ineligible, the court can say there's no way for the court to provide relief for the claim ... as in the courts don't think it's in their jurisdiction to declare a president ineligible, remove the president or nullify the elction results because the Constitution doesn't specifically give them these powers. Nevermind that the court gives itself plenty of other powers not defined in the Constitution or elsewhere. This is their fallback excuse for staying out of the issue.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.