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Appeals panel considers whether Obama is even American
Appeals panel considers whether Obama is even American ^ | June 29, 2010 | Bob Unruh

Posted on 06/29/2010 7:06:51 PM PDT by Man50D

Three judges on the 3rd U.S. Circuit Court of Appeals are beginning to review a case that alleges Barack Obama is not eligible to be president – in fact, he may not even be American.

Arguments earlier had been scheduled for June 29 in the dispute, but a court order recently cancelled the hearing and instead announced the case would be decided based on the merits of the legal briefs submitted by attorneys.

A document from court clerk Marcia Waldron said the case will be decided by Judge Dolores Sloviter, who was appointed by Jimmy Carter; Maryanne Trump Barry, who was appointed by Bill Clinton; and Thomas Hardiman, who was appointed by George W. Bush.

The filings were due on the day the hearing would have been held, but there's no published timetable for a decision to be released.

The case argues Obama probably is not even a U.S. citizen, much less a "natural born citizen" as required by the U.S. Constitution of the chief executive officer,

(Excerpt) Read more at wnd.com ...


TOPICS: News/Current Events
KEYWORDS: certifigate; destroyingamerica; eligibility; ineligibility; kerchner; naturalborncitizen; obama
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1 posted on 06/29/2010 7:06:52 PM PDT by Man50D
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To: Man50D
I'm not holding my breath waiting for this decision. Two 'rats and one possible republican deciding in secret. Yeah, I think I know how this will turn out.
2 posted on 06/29/2010 7:09:26 PM PDT by hinckley buzzard
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To: Man50D

That Constitution sure can cause pesky little problems for our Bolsheviks.

At least, it should. But it won’t. The fix is in and has been for a long while.


3 posted on 06/29/2010 7:10:58 PM PDT by Bullish (Been to all 57 States.... Or is it 58?)
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To: Man50D

In my experience, the cancellation of an oral argument is usually bad news for the Appellant.


4 posted on 06/29/2010 7:11:48 PM PDT by PackerBoy (Just my opinion ....)
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To: Man50D

With a Carter, Clinton appointee, the vote will be obvious. It will be 2 to 1 against the review ! I wonder whose strings got pulled on this one ?


5 posted on 06/29/2010 7:12:01 PM PDT by CORedneck
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To: PackerBoy

Are they required to say why they cancelled the meeting?


6 posted on 06/29/2010 7:13:54 PM PDT by presently no screen name ( Repeal ZeroCare!)
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To: Man50D

IMO, Obama is not an American, which is why he’s trying to destroy this country. But how do you explain why the democrats in Congress go along with him...

I personally know liberals and you can’t talk to them either.


7 posted on 06/29/2010 7:14:59 PM PDT by Dr. Scarpetta
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To: Man50D

He is signing an executive order giving himself amnesty as we speak.


8 posted on 06/29/2010 7:17:01 PM PDT by barmag25
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To: Man50D

When the truth eventually comes out,
every damb judge that gave Obama a pass throughout this entire process should be fired for cause, and maybe even brought up on treason charges.


9 posted on 06/29/2010 7:17:31 PM PDT by Skared2deth
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To: Man50D

Is he even human ?


10 posted on 06/29/2010 7:17:51 PM PDT by libh8er
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To: barmag25

Didn’t the President of Honduras do something like that? How are they doing these days, with their NEW President?


11 posted on 06/29/2010 7:18:44 PM PDT by huldah1776
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To: libh8er

Evil wrapped in human skin.


12 posted on 06/29/2010 7:18:51 PM PDT by presently no screen name ( Repeal ZeroCare!)
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To: barmag25
He is signing an executive order giving himself amnesty as we speak.

True dat.

13 posted on 06/29/2010 7:20:16 PM PDT by bgill (how could a young man born here in Kenya, who is not even a native American, become the POTUS)
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To: Man50D

Obama is anti-American!


14 posted on 06/29/2010 7:20:19 PM PDT by lonestar (Barry is furious the big spill wasn't caused by EXXON...would have nationalized it by now.)
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To: Man50D

American? I doubt he’s even human.


15 posted on 06/29/2010 7:21:34 PM PDT by Newtoidaho (Liberals are drooling buffoons backed by satanic goons.)
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To: Polarik; little jeremiah; LucyT; STARWISE; Fred Nerks; SunkenCiv; CondoleezzaProtege; ...

*ping*


16 posted on 06/29/2010 7:21:59 PM PDT by hennie pennie
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To: Man50D; hoosiermama; LucyT; Fred Nerks; Tennessee Nana; Natural Born 54

Lookee here!


17 posted on 06/29/2010 7:22:13 PM PDT by afraidfortherepublic
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To: afraidfortherepublic

Three judges on the 3rd U.S. Circuit Court of Appeals are beginning to review a case that alleges Barack Obama is not eligible to be president – in fact, he may not even be American.
__________________________________________

Its Christmas in July

:)


18 posted on 06/29/2010 7:24:32 PM PDT by Tennessee Nana
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To: Man50D
WND could be the most incompetent news blog on the planet. It's embarrassing.

The 3rd Circuit ISN'T going to "consider whether Obama is even American". What they are considering is if the trial court erred when it granted defendant's MTD, based on the lack of standing by plaintiffs. That's it. If the 3rd Circuit three-judge panel concludes that it (the lower court) did err in granting the MTD, then they'll remand to the district court.

Since they've not scheduled oral arguments in the case, it's not encouraging for appellants. Good grief, this isn't that complicated. A 8th grade journalism student could have written a better and plainly more accurate story.

19 posted on 06/29/2010 7:25:44 PM PDT by OldDeckHand
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To: Man50D

Two Rats and a RINO. Their decision is pre-ordained.


20 posted on 06/29/2010 7:29:13 PM PDT by BuffaloJack (Comrade O has to go; FIRE THE SHIFTLESS KENYAN NOW !!!)
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To: Skared2deth

When the truth eventually comes out,
every damb judge that gave Obama a pass throughout this entire process should be fired for cause, and maybe even brought up on treason charges.


No “maybe” about it!!!


21 posted on 06/29/2010 7:29:26 PM PDT by little jeremiah
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To: Skared2deth

When the truth eventually comes out,
every damb judge that gave Obama a pass throughout this entire process should be fired for cause, and maybe even brought up on treason charges.


No “maybe” about it!!!


22 posted on 06/29/2010 7:29:34 PM PDT by little jeremiah
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To: OldDeckHand
A 8th grade journalism student could have written a better and plainly more accurate story.

Yeah but then the Obots wouldn't be able to read and comprehend it, and they are used to "inaccuracy" they are not smarter than 5th graders, trust me I've seen enough of their dribble.

23 posted on 06/29/2010 7:34:47 PM PDT by rolling_stone
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To: Skared2deth

“When the truth eventually comes out”

The truth is out, but it will never be officially recognized.


24 posted on 06/29/2010 7:36:16 PM PDT by devere
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To: OldDeckHand

WND stands for Weapon of No Discernment.


25 posted on 06/29/2010 7:39:06 PM PDT by Lazamataz ("We beat the Soviet Union. Then we became them." -- Lazamataz, 2005)
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To: Man50D

If they were serious about the issue, would assume they would grant oral arguments.


26 posted on 06/29/2010 7:45:37 PM PDT by opentalk
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To: Man50D

He may or may not be a U.S. citizen but the commie piggy is DEFINITLY NOT an American. He’s a freaking foreigner and he acts like one. He hates America and Americans just like any other foreigner does.


27 posted on 06/29/2010 7:56:04 PM PDT by FlingWingFlyer (Hey America! Had enough "history" yet?)
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To: hennie pennie; bitt; justiceseeker93

Thanks hennie pennie.


28 posted on 06/29/2010 7:58:05 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: hennie pennie

Free The BC!!!...


29 posted on 06/29/2010 7:58:57 PM PDT by 1COUNTER-MORTER-68 (THROWING ANOTHER BULLET-RIDDLED TV IN THE PILE OUT BACK~~~~~)
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To: OldDeckHand

WND is the only competent News site on the WWW.

All the rest are organs for some unamerican, antichristian cesspool or another.
.


30 posted on 06/29/2010 8:03:25 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: editor-surveyor
"WND is the only competent News site on the WWW."

It reads like it's written by school children. If it's so "competent", how are they so entirely wrong about this story?

If you think it's the only competent news site on the WWW, I would recommend you expand your reading list. You might want to start with National Review, Weekly Standard, Wall St. Journal, Investor's Business Daily, Volkh Conspiracy, Telegraph UK. There are more. World Nut Daily makes the musing of the John Birch Society seem rational.

31 posted on 06/29/2010 8:09:49 PM PDT by OldDeckHand
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To: OldDeckHand

All the news reads like it was written by school children, because it was written FOR childish mentalities.

Its written in a way that gets the readers interest by the first line, which 99% of the time is unrepresentative of the main article.

Getting read is the name of the game. At least WND plays up the artiocles that most need to be read, instead of spiking, or burying them at page 47.
.


32 posted on 06/29/2010 8:23:57 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: OldDeckHand

If you are in denial so deeply that you find the hard work that the Birch society does to be ‘irrational,’ you’re not even consious.
.


33 posted on 06/29/2010 8:26:16 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: Man50D

Two years late.


34 posted on 06/29/2010 8:48:22 PM PDT by Jack Hammer
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To: Man50D
I understand that a recent "poll" found that 62% of those polled said it would not matter if Barack Obama was not born in the United States. Highly suspect as the poll was, it could raise the spectre of some sort of action to change the Constitution.

Fortunately Article I, section 9, paragraph 3 provides that.

"No bill of attainder or ex post facto law will be passed. "

The President has sworn to uphold the Constitution of the United States. He has an obligation to clear this matter up once and for all. No power of mobocracy and indeed the power of the press can change his position in this matter.

35 posted on 06/29/2010 8:49:39 PM PDT by Peter Libra
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To: Peter Libra

You know if the Clinton appointee decides against Obama, you can bet Bill spoke about an appointment after Hillary is elected.


36 posted on 06/29/2010 8:52:11 PM PDT by EQAndyBuzz (Conservatives are producers. Liberals are parasites)
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To: afraidfortherepublic; OldDeckHand; hennie pennie; aragorn; Fred Nerks; null and void; ...
Image and video hosting by TinyPic

Appeals panel considers whether Obama is even American

. . . . # 19 has a contrarian view.

[Thanks for the pings.]

37 posted on 06/29/2010 9:22:57 PM PDT by LucyT
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To: hinckley buzzard
Two 'rats and one possible [R]epublican deciding in secret. Yeah, I think I know how this will turn out.

You got that right!!!

38 posted on 06/29/2010 9:32:44 PM PDT by justiceseeker93
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To: libh8er

No. See my tagline.


39 posted on 06/29/2010 9:35:21 PM PDT by bergmeid (Obama is the Michael Vick of the Gulf Coast Oil Spill)
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To: presently no screen name

it was a hearing, not meeting, but no, the court doesn’t have to explain itself,


40 posted on 06/29/2010 9:38:51 PM PDT by EDINVA
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To: LucyT

Thanks for the ping.

Who IS this guy?


41 posted on 06/29/2010 9:43:34 PM PDT by thecodont
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To: OldDeckHand; editor-surveyor

“We’re Nuts Daily” doesn’t make an attempt at getting things right. Any legal case they review will confuse them, since logic and law are meaningless to nuts.

Part of the decision being appealed:

“Article III Standing

Federal courts are courts of limited jurisdiction and may only consider those actions that meet the case-or controversy requirements of Article III. Essential to Article III jurisdiction is the doctrine of standing. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 180 (2000). To meet the minimal constitutional mandate for Article III standing Plaintiffs must show (1) an “injury in fact,” (2) “a causal connection between the injury and the conduct complained of,” and (3) that the injury will “likely” be “redressed by a favorable decision.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992).

Plaintiffs’ assertion of constitutional standing fails at the first prong, because Plaintiffs cannot establish an “injury in fact” as that phrase has been defined by the Supreme Court. Instead, while Plaintiffs feel themselves very seriously injured, that alleged grievance is one they share with all United States citizens.

An “injury in fact” is defined as “an invasion of a legally protected interest which is (a) concrete and particularized ...and (b) actual or imminent, not conjectural or hypothetical.” Lujan, 504 U.S. at 560.

The Supreme Court has interpreted the requirement that an injury be “concrete and particularized” to preclude harms that are suffered by many or all of the American people. Lujan, 504 U.S. at 573-74; United States v. Richardson,
Plaintiffs cite a Commonwealth Court of Pennsylvania decision, Lawless v. Jubelirer, 789 A.2d 820 (Pa. Commw. Ct. 2002), for the proposition that there are exceptions to the standing requirement at issue here. The Court wishes to clarify that Plaintiffs are asserting federal subject matter jurisdiction and consequently the various state court jurisdictional doctrines are inapplicable to this case.

418 U.S. 166, 176-77 (1974); Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 220-22 (1974); Ex Parte Levitt, 302 U.S. 633, 633 (1937). As the Court explained in Schlesinger,

We reaffirm Levitt in holding that standing to sue may not be predicated upon an interest of the kind alleged here which is held in common by all members of the public, because of the necessarily abstract nature of the injury all citizens share. Concrete injury, whether actual or threatened, is that indispensable element of a dispute which serves in part to cast it in a form traditionally capable of judicial resolution.”

http://www.scribd.com/doc/21727356/KERCHNER-v-OBAMA-41-10-20-2009-41-RECAP-OPINION-FILED-Signed-by-Judge-Jerome-B-Simandle-on-10-20-09-js-Entered-10-21-2009-gov-uscourt


42 posted on 06/29/2010 10:08:56 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: OldDeckHand

“Finally, Plaintiffs point to the risk that Mr. Kerchner may be recalled to active duty in the U.S. Naval Reserves by Executive Order of the President or an act of Congress in an extreme national emergency. Under these circumstances, Mr. Kerchner “would need to know whether the President and Commander in Chief who may be giving him orders is in fact the legitimate President and Commander in Chief and therefore obligate him to follow those orders or risk being prosecuted for disobeying such legitimate orders.” (Second Am. Compl. ¶ 8.)

While the Court has doubts about the particularity of this harm, the Court will not address this issue because the alleged harm is neither actual nor imminent, but rather is impermissibly conjectural. The hypothetical nature of this future injury, conditioned on the occurrence of “an extreme national emergency,” is not an “injury in fact” necessary to establish standing.”


43 posted on 06/29/2010 10:11:59 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Man50D
Perhaps, by some stroke of a miracle, one of these cases might find its way into the hands of a judge or judges who have one ounce of integrity remaining, who have children or grandchildren for whom they would like to leave a functioning USA.

Obviously, Obama is determined to destroy the USA.

Just one honest judge, or one honest court, could get the ball rolling back toward survival of the nation.

44 posted on 06/29/2010 10:17:07 PM PDT by meadsjn (Sarah 2012, or sooner)
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To: hinckley buzzard; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

The list, ping


45 posted on 06/29/2010 11:13:30 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: LucyT

And it never fails!!!


46 posted on 06/29/2010 11:35:32 PM PDT by danamco (")
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To: LucyT

SPs!!!


47 posted on 06/29/2010 11:40:12 PM PDT by danamco (")
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To: OldDeckHand

I’m curious...do you believe Obama to be an American citizen?


48 posted on 06/29/2010 11:55:01 PM PDT by Kimberly GG ("Path to Citizenship" Amnesty candidates will NOT get my vote!)
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To: OldDeckHand
A 8th grade journalism student could have written a better and plainly more accurate story.

Maybe someday you too might able to do the same.
49 posted on 06/30/2010 1:52:58 AM PDT by Brown Deer (Pray for Obama. Psalm 109:8)
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To: Man50D
but a court order recently cancelled the hearing and instead announced the case would be decided based on the merits

= EPIC FAIL OF APPEAL (wish i was wrong)

50 posted on 06/30/2010 5:28:12 AM PDT by urtax$@work (The best kind of memorial is a Burning Memorial.........)
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