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Judge Carter Ruling on MTD
scribd ^ | 10/29/09 | Judge Carter

Posted on 10/29/2009 10:19:10 AM PDT by Elderberry

Judge Carter Ruling on MTD


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: article2section1; birthcertificate; birthers; carter; certifigate; naturalborncitizen; nbc; obama; obamaisfafraud; obamathugs; orly; orlytaitz; romney4obama; romneyantigop; romneybotshere; romneybotsvsbirthers
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To: etcb
Exactly right, and calmly stated.
281 posted on 10/29/2009 1:25:52 PM PDT by tired_old_conservative
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To: Lurking Libertarian; Jim Robinson
What a despicable and chicken way to set the law aside ... only those powerful enough to stop your affirmative action liar will be granted standing in his court system: "... any candidate on enough state ballots to potentailly win enough electoral votes to be elected would probably have standing." The 'might makes right' methodology will be receiving lead votes, sooner rather than later.

Isn't there an upper limit to the deception faux conservatives will be granted at FR any more, Jim? This poster is one of several who claim to be conservatives yet tout this crap that it is proper to only allow legal standing only to those strong enough to threaten the system ... like a bonefide candidate such as Keyes is not allowed to have a fair election because he could not possibly get enough polling data electoral votes to be elected! That is just plain sick, and to continue to protect such crap feeders pretending to be conservatives at FR is becoming too disgusting to continue enduring.

282 posted on 10/29/2009 1:27:42 PM PDT by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: chris37
People who articulate a potentially actionable case to a court have standing, regardless of their backgroud, as they should. People who don't, don't. That, too, is as it should be in order to maintain a functional legal system.
283 posted on 10/29/2009 1:28:59 PM PDT by tired_old_conservative
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To: SaraJohnson
Unfortunately I'm afraid that for some unknown reason the SCOTUS will take the same position!!!

What reason, well that is the real question???

284 posted on 10/29/2009 1:30:00 PM PDT by danamco
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To: etraveler13

It is the Left who assassinates US Presidents and I can not see that the Left is unhappy with Obama. He is doing exactly what Soros bought him to do. There is no doubt he is perfectly protected by the Rinos in Congress and the legal system in violating the constitution at will. No one has any standing except, maybe, some members of the Congress. That is not even guarenteed when there is no constitution or when the constitutions means whatever the Left wants it to mean.


285 posted on 10/29/2009 1:30:55 PM PDT by SaraJohnson
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To: BigGuy22

If you had been following this all along you would know that Hawaii has produced COLBs for KNOWN foreigners during the time period in question. A Hawaiian COLB does NOT prove date or place of birth — only the documents on file in the Vital Statistics Office in HI (the ones that are now sealed) would prove that one way or another.

Also, if this was acceptable proof, and everything was in order why hasn’t Obama — through ANY of the cases brought — simply produced the document to the court and end ALL of this in a moment??? Instead he spends 1.7 MILLION+ to keep ALL of his documents secret? Who does that except someone with something to hide?


286 posted on 10/29/2009 1:31:30 PM PDT by LibertyRocks ( http://LibertyRocks.wordpress.com ~ ANTI-OBAMA STUFF : http://cafepress.com/NO_ObamaBiden08)
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To: MHGinTN

Is repeating Scalia and Roberts’ theories on standing not conservative enough for you?


287 posted on 10/29/2009 1:32:29 PM PDT by kukaniloko
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To: Non-Sequitur
It's obvious that Judge Carter realizes that there is a fine line between viable third party candidates like Ross Perot and joke third party candidates like Alan Keyes. He also realizes that not all have standing, nor should they

Judge Carter said nothing like that at all and your reply is disingenuous. You have taken his quotes out of context. When you quote Judge Carter as saying, "Where to draw the line..." he is setting up the question, not providing an answer. He then proceeds to answer the question by noting that the Court is troubled by the very act of drawing lines.

Which is just the opposite of what you implied by taking the quotes out of context.

The quote you provided: "... then all candidates would have standing to sue the President..." is immediately followed by the sentence from Judge Carter: "Because the political candidate plaintiffs are the only category of plaintiffs who potentially satisfy the injury-in-fact requirement...", which is an indication that Keyes DID meet this aspect of standing (or at least it was never rejected, as you assert). Judge Carter then explores the possibility of what the court can do about the injury (and determines that the court does not have jurisdiction to do anything).

Which is a long way from saying that the Congress has standing to sue in a civil proceeding like this one.

Which is nothing like I said. I never made mention that Congress would take this action to a civil proceeding.

288 posted on 10/29/2009 1:33:12 PM PDT by kidd (Obama: The triumph of hope over evidence)
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To: NCC-1701

You will NEVER get an answer to that because of all the judiciary mumbo-jumbo “skating”!!!


289 posted on 10/29/2009 1:33:13 PM PDT by danamco
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To: lucysmom

To me, that is saying the same thing. He is setting her up for punishment - disbarment or prosecution. Prosecution may be difficult considering what slime balls are involved and accusing Orly.


290 posted on 10/29/2009 1:33:26 PM PDT by SaraJohnson
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To: The Sons of Liberty
I don't see how this...

"Then why has Hussein spent $1.7 million to date to keep his birth information secret,..."

...is a meaningful response to my statement that the judge did enforce the constitution.

"...and how can the judge rule on the question without demanding to see personally the documentation that 0bama is in fact, "natural born"?"

He didn't rule on the question of whether or not Obama is in fact eligible. He found, as was expected and repeatedly explained before the fact by several of us, that he doesn't have the constitutional power to address that question. It is a matter for Congress to decide.

By recognizing that limitation on his own power, and deciding where the CONSTITUTION placed that power, he was defending the constitution.

291 posted on 10/29/2009 1:33:30 PM PDT by mlo
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To: El Gato

Perhaps he didn’t write it - he left it to his new law clerk.


292 posted on 10/29/2009 1:34:32 PM PDT by presently no screen name
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To: Conscience of a Conservative

He did not have to issue an injuction. All he had to do was allow discovery and refer it to Congress for action or inaction.


293 posted on 10/29/2009 1:34:57 PM PDT by SaraJohnson
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To: LibertyRocks
"If you had been following this all along you would know that Hawaii has produced COLBs for KNOWN foreigners during the time period in question."

Producing a COLB is not an issue. Show me one COLB from the time period in question that falsely states someone was born in Hawaii. THAT is the issue.

294 posted on 10/29/2009 1:35:19 PM PDT by mlo
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To: MHGinTN; Lurking Libertarian; Jim Robinson
"This poster is one of several who claim to be conservatives yet tout this crap that it is proper to only allow legal standing only to those strong enough to threaten the system"

"This poster", as you put it, is one of the dozens of practicing attorneys that have tried - to the best of their ability - to provide some insight into the way the law actually works, and not the way so many here seem to wish the law to work.

And when he does, people like you attack him personally and viciously - questioning his conservative bona fides and political intentions.

Let me be clear, it is NOT CONSERVATIVE to want a judge to set aside the Constitution, the US Code and countless principles of American jurisprudence, so that he or she may find in a manner that you agree with. This judge, like all the other judges in these cases, have followed the law to the letter. Not one has been overturned on appeal, and the Supreme Court hasn't found any of these cases to be compelling enough to even hear.

That should tell you something. And, if it doesn't, then you are beyond listening to reason.

295 posted on 10/29/2009 1:36:52 PM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: BigGuy22
The n00b opined, "The Certification of Live Birth is an official state document proving when and where he was born." And tell us stealthy obot n00b, did Judge Carter see a state issued CoLB from Barry/Hawaii, or are you just like the obots at FR playing word games to deceive readers into believing some legal provenance-proven document was shown to the court?

This is getting sickening and it proves that Freerepublic has 'evolved' and is no longer a conservative website monitored to sweep up the trash that spills here from the DNC.

296 posted on 10/29/2009 1:37:45 PM PDT by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: Canedawg
Correct. This is Amerika.

Not very long, more like USSoA. Must run now. Glenn Beck is on in 20 minutes go and watch!!!

297 posted on 10/29/2009 1:38:42 PM PDT by danamco
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To: SaraJohnson

The puprose of discovery is to help decide a court case, not give something to pass along to Congress. You are really asking for a fairly activist role of a Judge if you want him to order discovery on an issue he can’t by law decide.


298 posted on 10/29/2009 1:38:42 PM PDT by kukaniloko
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To: SaraJohnson
He did not have to issue an injuction. All he had to do was allow discovery and refer it to Congress for action or inaction.

Courts have no power to order discovery unless it is in aid of a pending lawsuit which is within the court's jurisdiction. Courts can't order discovery for the use of Congress. Congress has its own subpoena power if it wants to use it.

299 posted on 10/29/2009 1:40:31 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: danamco

You think a Soviet-like government would allow you to watch a show like beck in the next 20 minutes?


300 posted on 10/29/2009 1:40:31 PM PDT by kukaniloko
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