Bob Parks Black&Right
A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya. Berg claimed that the Democratic presidential standard bearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.
U.S. District Judge R. Barclay Surrick had denied Berg’s request for a temporary restraining order on Aug. 22 but had not ruled on the merits of the suit until yesterday.
Obama and the Democratic National Committee had asked Surrick to dismiss Berg’s complaint in a court filing on Sept. 24. They said that Berg’s claims were “ridiculous” and “patently false,” that Berg had “no standing” to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself. Surrick agreed.
In a 34-page memorandum and opinion, the judge said Berg’s allegations of harm were “too vague and too attenuated” to confer standing on him or any other voters. Surrick ruled that Berg’s attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were “frivolous and not worthy of discussion.”
The judge also said the harm Berg alleged did “not constitute an injury in fact” and Berg’s arguments to the contrary “ventured into the unreasonable.”
Precedent has now been set. Proof of citizenship is no longer a requirement to becomePresident of the United States. It’s now “unreasonable” to request an authentic birth certificate be presented from the place of its issuance.
While the US Constitution is clear in it’s requirements, and it shouldn’t be considered unreasonable for a candidate who’s raised over $150 million to spend less than $20 to have a birth certificate FedEx’d from Hawaii to a judge in Philadelphia, it looks like the law is in the eye of the beholder.
Welcome to the United States of Obama.