It is pathetic, yet this is the case that Barry's team are taking to the Supreme Court, along with Ankeny’s “tandem” construction of WKA and the 14A.
The Marguet-Pillado case jury instruction affirming that an out-of-wedlock, foreign-born child could be an NBC simply by having a biological relationship with a US citizen looks like it was deliberately bumped up to be affirmed on appeal.
The dissenting judge said in effect “Why the heck are we looking at this jury instruction when it was stipulated in the first trial that his biological father was unknown?”
As Red Steel suggests, this has the appearance of a set-up to get NBC language to support an appeals case ruling which would provide cover for Barry...EVEN IF...he was not born in the USA...say in Kenya.
If Stanley Ann were to have delivered Barry in Kenya as a legally single mom (on the record as having been bigamously married to BHO Sr per the INS FOIA docs) the five-year residency requirement would not apply to her for her to pass citizenship to Barry, IIRC. This Marguet-Pillado case would make Barry NBC.
In the same way that the NBC language in Minor v Happersett has been argued to be a holding, not dicta, the Barry legal team can be expected to claim that the statement in Marguet-Pillado defining NBC is also a holding and not dicta.
The Marguet-Pillado majority needed this definition of NBC to set the foundation for the kind of citizen that the defendant might be, just as the Minor court needed to know what kind of citizen Mrs. Minor was...it could be argued...and obviously will be argued!
ROTFLOL
Oh, man, would that cause a crash and burn. After all of the "he was born in Hawaii" antics I just don't see that as a winning proposition.
And USC 8 ever looms over his head as his father always was, and always will be, an @"alien"!