Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Hollister v. Soetoro-- Dismissal Affirmed
U.S. Court of Appeals, D.C. Circuit ^ | March 22, 2010 | U.S. Court of Appeals, D.C. Circuit

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 court’s 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).


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: article2section1; berg; bergvobama; birthcertificate; birthers; certifigate; citizen; citizenship; eligibility; fraud; hollister; hollistervsoetoro; ineligible; lawsuit; naturalborn; naturalborncitizen; obama; obamaisabirther; philberg; philipberg; ruling; soetoro; usurper
Navigation: use the links below to view more comments.
first 1-5051-100101-111 next last
The U.S. Court of Appeals for the D.C. Circuit affirms the dismissal of the Hollister v. Soetoro case which had challenged Obama's eligibility, and also affirms the sanctions order against attorney Hemenway for filing a frivolous lawsuit.
1 posted on 03/23/2010 10:49:43 AM PDT by Lurking Libertarian
[ Post Reply | Private Reply | View Replies]

To: BuckeyeTexan; Sibre Fan; parsifal; Las Vegas Ron; Seizethecarp

Eligibility lawsuit ping.


2 posted on 03/23/2010 10:51:05 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurking Libertarian

Sanctions! The judicary is so corrupt. Can this be appealed now to SCOTUS?


3 posted on 03/23/2010 10:53:37 AM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurking Libertarian

This should scare off any other plaintiffs who seek proof Nobama is constitutionally qualified to be president. I really, really hate him.


4 posted on 03/23/2010 10:54:02 AM PDT by ilovesarah2012
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurking Libertarian

Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.


5 posted on 03/23/2010 10:54:54 AM PDT by DannyTN
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucyT

Ping


6 posted on 03/23/2010 10:56:57 AM PDT by Smokeyblue
[ Post Reply | Private Reply | To 1 | View Replies]

To: ilovesarah2012

This was predictable according to most legal experts, so I never expected much else especially with that inept Orly Taitz leading the effort.


7 posted on 03/23/2010 10:57:33 AM PDT by mono
[ Post Reply | Private Reply | To 4 | View Replies]

To: Frantzie
Can this be appealed now to SCOTUS?

Yes. But having been shot down already at two levels what chance do you think it has of being taken up?

8 posted on 03/23/2010 10:59:32 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 3 | View Replies]

To: Lurking Libertarian

Shocking!


9 posted on 03/23/2010 11:02:13 AM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DannyTN

“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.


10 posted on 03/23/2010 11:04:43 AM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Lurking Libertarian

Can it be any more obvious that America has been taken over by dictators?

What is worse is the cheerleaders here defending it.


11 posted on 03/23/2010 11:08:58 AM PDT by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM, where are you?)
[ Post Reply | Private Reply | To 2 | View Replies]

To: trumandogz
"I was not aware that Courts are required to make decisions based on the number of people that happen to sign a certain petition."

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.

12 posted on 03/23/2010 11:11:31 AM PDT by DannyTN
[ Post Reply | Private Reply | To 10 | View Replies]

To: Las Vegas Ron

“What is worse is the cheerleaders here defending it.”

Some are. Some cheerleaders can’t cheer anymore.

parsy, whose pom-poms got taken away. . .


13 posted on 03/23/2010 11:14:36 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
[ Post Reply | Private Reply | To 11 | View Replies]

To: parsifal

Aren’t you the one who got a warning from the head honcho?

How nice of you to disregard his warning.


14 posted on 03/23/2010 11:19:46 AM PDT by Smokeyblue
[ Post Reply | Private Reply | To 13 | View Replies]

To: parsifal
parsy, whose pom-poms got taken away. . .

Parsi, you lost you "pom-poms" a long time ago.

15 posted on 03/23/2010 11:26:04 AM PDT by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM, where are you?)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Lurking Libertarian

Makes you wonder who and what Obama really is.


16 posted on 03/23/2010 11:28:32 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 1 | View Replies]

To: parsifal

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!)


17 posted on 03/23/2010 11:28:37 AM PDT by DallasSun (i believe in separation of church and hate.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: mono

Can we vote Orly off the island?


18 posted on 03/23/2010 11:29:50 AM PDT by DallasSun (i believe in separation of church and hate.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: DannyTN
Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.

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.

19 posted on 03/23/2010 11:40:59 AM PDT by edge919
[ Post Reply | Private Reply | To 5 | View Replies]

To: DallasSun

Parsy=Dallas Sun


20 posted on 03/23/2010 11:41:23 AM PDT by Smokeyblue
[ Post Reply | Private Reply | To 18 | View Replies]

To: DallasSun
Can we vote Orly off the island?

As long as Obama is willing to take her with him.

21 posted on 03/23/2010 11:45:18 AM PDT by edge919
[ Post Reply | Private Reply | To 18 | View Replies]

To: DallasSun

We vote for YOU off of this site.

You focus your hate on a believer in Our Constitution by wanting her kicked off the island but no mention of Anti-American Barry. What the f as you doing on a conservative site, commie?


22 posted on 03/23/2010 11:48:57 AM PDT by presently no screen name
[ Post Reply | Private Reply | To 18 | View Replies]

To: edge919

We can vote both of them off the island!


23 posted on 03/23/2010 11:51:35 AM PDT by DallasSun (i believe in separation of church and hate.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Smokeyblue

Oh no. I specifically refrained from cheering. Or ITYS’ing.

parsy, who is just sitting quietly on the sidelines watching the game. . .


24 posted on 03/23/2010 11:53:54 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
[ Post Reply | Private Reply | To 14 | View Replies]

To: DallasSun

Thank you, buts its kinda nice not being in the game anymore. No more makeup. No more short dresses. No more getting dropped on my rear-end when I fall off the pyramid. No more cheerleaders for the other team egging my car and rolling my house.

parsy, who is enjoying the quiet. . .and watching the game


25 posted on 03/23/2010 11:58:29 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
[ Post Reply | Private Reply | To 17 | View Replies]

To: parsifal

I can certainly understand.


26 posted on 03/23/2010 12:01:30 PM PDT by DallasSun (i believe in separation of church and hate.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: DallasSun

It’ll be like Obama’s birth day.


27 posted on 03/23/2010 12:02:33 PM PDT by edge919
[ Post Reply | Private Reply | To 23 | View Replies]

To: edge919

This could be the start of something big


28 posted on 03/23/2010 12:08:47 PM PDT by DallasSun (i believe in separation of church and hate.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: DallasSun

Yeah, $2 trillion and counting ...


29 posted on 03/23/2010 12:13:38 PM PDT by edge919
[ Post Reply | Private Reply | To 28 | View Replies]

To: Lurking Libertarian
OK so explain this to me "someone" not specifically LL.

If all these cases questioning BHO birth country are summarily dismissed because of the plaintiff having "no standing"...

at what point do we as Americans determine that the courts having been found corrupt do we declare that they have no authority or standing?

and the remedy?

Someone way smarter than I (which is just about anyone) is going to have to help me with this one

30 posted on 03/23/2010 12:13:51 PM PDT by SERE_DOC (My Rice Krispies told me to stay home & clean my weapons! How does one clean a phase 4 plasma rifle)
[ Post Reply | Private Reply | To 1 | View Replies]

To: edge919

Well, yes, there is that........


31 posted on 03/23/2010 12:16:11 PM PDT by DallasSun (i believe in separation of church and hate.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: DannyTN
Frivolous is the term applied to the technical merits of the case. That is, it has not been developed in a manner the legal system can meaningfully address.

And the petition is hardly earth-shattering. Even if it has 500,0000 signatures on it, what is that? 0.2% of the country?

32 posted on 03/23/2010 12:44:03 PM PDT by tired_old_conservative
[ Post Reply | Private Reply | To 12 | View Replies]

To: tired_old_conservative

we still have Kershner vs Obama which is Mario Apuzzos case that is waiting on a decision by the appeals court.


33 posted on 03/23/2010 1:02:42 PM PDT by U.S. Army Retired
[ Post Reply | Private Reply | To 32 | View Replies]

To: edge919
"failure to state a claim upon which relief could be granted."

I understand that's the court's cop out. And it's true, the court couldn't order the removal of the President. The most the court could do provide fact finding and a referal to congress.

But I don't think that warrants sanctions, either.

34 posted on 03/23/2010 1:36:42 PM PDT by DannyTN
[ Post Reply | Private Reply | To 19 | View Replies]

To: DannyTN

I understand that’s the court’s cop out. And it’s true, the court couldn’t order the removal of the President. The most the court could do provide fact finding and a referal to congress.

But I don’t think that warrants sanctions, either.


The Courts don’t provide “referrals to Congress” either. Congress can undertake its own independent investigation any time that it wants to and Congress COULD have delayed the certification of Obama’s Electoral votes if any two members of Congress had been willing to file written objections to his electoral votes being certified. No two members (one Senator and one Congressman were needed) submitted a written objection.


35 posted on 03/23/2010 2:12:13 PM PDT by jamese777
[ Post Reply | Private Reply | To 34 | View Replies]

To: Las Vegas Ron

Frivolous.

Big deal if the President may not meet the requirements to be president as set forth in the Constitution.

No big deal, anyone concerned about it is an airhead and troublemaker.

///


36 posted on 03/23/2010 2:21:01 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
[ Post Reply | Private Reply | To 11 | View Replies]

To: U.S. Army Retired

we still have Kershner vs Obama which is Mario Apuzzos case that is waiting on a decision by the appeals court.


After having been dismissed for lack of standing at the US District Court level, it is highly unlikely that the Court of Appeals will overturn the lower court’s dismissal.
Those opposing Obama’s eligibility have been unable to come up with a plaintiff who would have standing to sue. John McCain and/or Sarah Palin are the most likely candidates since they are the only other persons to receive electoral votes and therefore are able to show direct harm rather than indirect harm from Obama’s election.


37 posted on 03/23/2010 3:01:32 PM PDT by jamese777
[ Post Reply | Private Reply | To 33 | View Replies]

To: jamese777
"The Courts don’t provide “referrals to Congress” either. Congress can undertake its own independent investigation any time that it wants to and Congress COULD have delayed the certification of Obama’s Electoral votes if any two members of Congress had been willing to file written objections to his electoral votes being certified. No two members (one Senator and one Congressman were needed) submitted a written objection. "

I don't think there is anything stopping a court from sending a notice to Congress of facts that should be investigated. Congress would be under no obligation to do anything with it, but a court is not limited from doing that.

There were more than two elector college members that wanted to object, but I understand VP Cheney didn't ask for objections like he was supposed to.

Congress is spineless. There was no one that wanted alienate a portion of their constituency by challenging Obama's credentials. That's why it's important that congress and the states each put a process in place to verify the eligibility credentials. Because congress can not be relied on in the heat of the moment.

And that's also why the courts should have at least reviewed the facts and not shirked their responsibility in this case. The courts can't remove a sitting president. But a court could have ordered the records and determined the truth, and let the public and congress do with it what they wanted.

38 posted on 03/23/2010 4:21:48 PM PDT by DannyTN
[ Post Reply | Private Reply | To 35 | View Replies]

To: LucyT

ping


39 posted on 03/23/2010 5:20:19 PM PDT by tutstar (Baptist Ping list - freepmail me to get on or ...off.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tutstar; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; rxsid; ...
Image and video hosting by TinyPic

. . . . SP Alert.

Hollister v. Soetoro-- Dismissal Affirmed

40 posted on 03/23/2010 5:36:10 PM PDT by LucyT
[ Post Reply | Private Reply | To 39 | View Replies]

To: Lurking Libertarian

Frivolous for the “judicial” pee brains.


41 posted on 03/23/2010 5:45:00 PM PDT by Red Steel
[ Post Reply | Private Reply | To 2 | View Replies]

To: LucyT
[;^)
42 posted on 03/23/2010 5:51:03 PM PDT by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM, where are you?)
[ Post Reply | Private Reply | To 40 | View Replies]

To: DannyTN

I don’t think there is anything stopping a court from sending a notice to Congress of facts that should be investigated. Congress would be under no obligation to do anything with it, but a court is not limited from doing that.

There were more than two elector college members that wanted to object, but I understand VP Cheney didn’t ask for objections like he was supposed to.

Congress is spineless. There was no one that wanted alienate a portion of their constituency by challenging Obama’s credentials. That’s why it’s important that congress and the states each put a process in place to verify the eligibility credentials. Because congress can not be relied on in the heat of the moment.

And that’s also why the courts should have at least reviewed the facts and not shirked their responsibility in this case. The courts can’t remove a sitting president. But a court could have ordered the records and determined the truth, and let the public and congress do with it what they wanted.


The courts (and the federal courts) take “separation of powers” very seriously. I have never heard of a court sending a notice to Congress. Have you?
When the Republican Governor of Hawaii, the Republican Attorney General of Hawaii and two appointees of the Republican Governor, the Registrar of Vital Records and the Director of the state Health Department all confirmed Obama’s birth in Hawaii, the courts lost interest.


43 posted on 03/23/2010 6:46:54 PM PDT by jamese777
[ Post Reply | Private Reply | To 38 | View Replies]

To: parsifal

If you think cheer leading it rough, my dear, try can-can dancing!


44 posted on 03/23/2010 7:27:56 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Non-Sequitur

‘With all due deference to the separation of powers,’ he began, the court last week ‘reversed a century of law that I believe will open the floodgates for special interests — including foreign corporations — to spend without limit in our elections.’ Alito made a dismissive face, shook his head repeatedly and appeared to mouth the words ‘not true” or possibly ’simply not true’.”...

http://urbanelephants.com/index.php/component/content/article/64/2205-obamas-state-of-the-union-address-bullying-the-us-supreme-court.html

One never knows...


45 posted on 03/23/2010 7:32:58 PM PDT by EBH (There is a bell ringing. Is it for Freedom or a Death Knell?)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Non-Sequitur

But did the court in essence acknowledge the existence of this Soetoro person? If they did, then...


46 posted on 03/23/2010 7:33:02 PM PDT by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: bgill
But did the court in essence acknowledge the existence of this Soetoro person? If they did, then...

Doesn't look like it to me.

47 posted on 03/23/2010 7:36:36 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 46 | View Replies]

To: DannyTN
"Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous."

Half a million Americans believe Elvis was an alien.

48 posted on 03/23/2010 7:37:21 PM PDT by mlo
[ Post Reply | Private Reply | To 5 | View Replies]

To: SERE_DOC

Step One:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Step Two:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”


49 posted on 03/23/2010 7:38:32 PM PDT by EBH (There is a bell ringing. Is it for Freedom or a Death Knell?)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Non-Sequitur

How about this, did the court throw the cast out because there is not such person as Soetoro? That would have been the easiest route to go but if they didn’t then such a person exists. If Soetoro exists, then the usurper used other names which is not what he swore to on his bar application. That also brings into question the adoption and the Indonesian citizenship again.


50 posted on 03/23/2010 7:40:24 PM PDT by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
[ Post Reply | Private Reply | To 47 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-100101-111 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson