Read Georgia judge’s decision shooting down ‘birther’ challenge to Barack Obama

My AJC colleague Bill Rankin has the details on an administrative judge’s decision today that President Barack Obama deserves a place on Georgia’s Democratic primary ballot on March 6.

But to read the judge’s 10-page decision yourself, click here.

- By Jim Galloway, Political Insider

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116 comments Add your comment

MB

February 3rd, 2012
5:18 pm

But, but, but, but…….

I almost wish he had decided the President couldn’t be on the GA ballot in November just to show how stupid this birther movement actually is.

Common Sense

February 3rd, 2012
5:24 pm

How much money and time was spent on this useless, baseless claim?

Proofer

February 3rd, 2012
5:24 pm

Orly Taitz is certifiably insane, it appears she is also extremely incompetent. Good job, Judge!

FreedomWriter

February 3rd, 2012
5:25 pm

There is no news here. Just a bunch of bigoted fools wasting the courts time.

The Chosen One

February 3rd, 2012
5:25 pm

sooooo not that its been settled in a court that was chosen by the birthers and decided by a judge who ruled that he is a NATURAL BORN CITIZEN…..whats the next argument……oh I know….next your’re going to scream THE JUDGE GOT IT WRONG!!!…hey you cant cpick an arean you want and when they show up to play…you keep pushing the touchdown marker back……GET OVER IT…YOU HAVE LOST!!!

Trusslady

February 3rd, 2012
5:28 pm

Can these losers be ordered to pay the cost of this stupid endeavor? It is my tax dollars they wasted on the bigoted attempts to justify their hatred by any means necessary, and I want my money back!!!

tiredofIT

February 3rd, 2012
5:32 pm

Totally agree, send them the bill.

vahiguy

February 3rd, 2012
5:32 pm

“[N]either Defendant nor his counsel, Michael Jablonski, appeared or answered. Ordinarily, the Court would enter a default order against a party that fails to participate in any stage of a proceeding. Nonetheless, despite the Defendant’s failure to appear, Plaintiffs asked this Court to decide the case on the merits of their arguments and evidence. The Court granted Plaintiffs’ request.”

Ouch. That’s going to leave a bruise.

Alabama Communist

February 3rd, 2012
5:39 pm

More Breaking News On Case……..A Spokensperson for the Birther movement said today.. “It is the only case in American History where no defense was offer nor lawyers for the defense show up Of course it didn’t help when the Judge found a Horse Head in his Bed this morning”..

Michael

February 3rd, 2012
5:45 pm

If a defendant files an answer and doesn’t show for court, the Plaintiff still has the burden of proof to make their case.

honested

February 3rd, 2012
5:45 pm

I thought the republican rant over the last couple of dozen years was to prevent ‘frivolous lawsuits’.

I guess that is only important when profits for the saintly insurance industry is at stake.

jbraml

February 3rd, 2012
5:46 pm

This case, more than anything, shows our Secretary of State Brian Kemp,who could have made the decision without refering to an administrative court, to be one of two things. He is either a spineless coward or a political hack.

MB

February 3rd, 2012
5:46 pm

Exactly. Burden of proof is on the plaintiffs and they failed miserably.

kaycee

February 3rd, 2012
5:54 pm

After reading Malihi’s decision, this matter OUGHT to be put to rest once and for all. But, we really know better than that, don’t we? Some bigot will find a way to impugn the judge’s judgment, talk about his mama, and darkly hint that he is in league with the devil. Pass the popcorn, please!!

This is Mrs. Norman Maine

February 3rd, 2012
5:58 pm

It’s about time somebody stopped the stupidity. Sheesh.

For the birthers to use the courts to advance their wingnut conspiracy theories is idiotic enough; what’s shameful is that an elected state representative of this state legitimized their nutty actions.

Really.? Seriously.?

February 3rd, 2012
5:59 pm

Now can we please restore Georgia politics. The judge made the right decision.

Mitzymy

February 3rd, 2012
6:01 pm

This woman is insane and she gets other insane people to join her. All of them look stupid, including the teabags.

Aquagirl

February 3rd, 2012
6:04 pm

Burden of proof is on the plaintiffs

This sort of babble is what happens when birthers cross-breed with drive-by bloggers who think they’re legal experts.

Miss Priss!

February 3rd, 2012
6:05 pm

Now somebody is going to try to prove that Obama is the Antichrist. He’s not. It’s a kid in my third period.

td

February 3rd, 2012
6:12 pm

The only part of the case I care about is the “natural Born” Citizen qualification the rest of it is just conspiracy theory stuff and is not relevant in my opinion. I think the Judge did a pretty weak job at only relying on another states case to come to the same conclusion but at least he made a decision in a proper jurisdiction court. Now this case can be appealed and sent all the way to the SCOTUS to finally determine what the phrase means in the Constitution.

Centrist

February 3rd, 2012
6:15 pm

Never read any of the articles about this (headlines only), never doubted the outcome, am not reading more than the headline of this blog, and it never mattered since Georgia is going to give all of their electoral votes to Romney.

Total waste of time – but then that is what you do on vacation (and love it).

td

February 3rd, 2012
6:16 pm

BTW: I do not care one way or the other what the SCOTUS decides. I just want the issue decided by them once and for all.

ND

February 3rd, 2012
6:17 pm

Oily Taints needs to wash her grundle.

Legal Lies

February 3rd, 2012
6:25 pm

I think Mitt Rumney is from another planet and Newt Gangric is still on another planet, just flying around town sometimes with flashes of none reality. How bout we just forget about the poor people, they don’t need no help. Guess what AMERICA the middle class are the poor people now

Look before I leap...

February 3rd, 2012
6:27 pm

@jbraml

“He is either a spineless coward or a political hack”

The two terms are not mutually exclusive.

Attack Dog

February 3rd, 2012
6:28 pm

Does anyone know if Mitt Romney’s grandfather gave up his citizenship when he moved to Mexico and before George was born? Why isn’t Dentist Tate asking to see George’s certificate of live birth? They say Miit’s mother was born in Logan Utah, but her Dad was supposedly from England and had the last name LaFount. For all we know, she could have been born in Canada or France!

Toes the Line

February 3rd, 2012
6:29 pm

Stupid is as stupid does. Send these yahoos an invoice and a one-way ticket to MS.

Jane

February 3rd, 2012
6:33 pm

What has become of our beloved Republic, the rule of law, and our Constitution? Obama ignored a subpoena, thumbed his nose at the judge, showed no respect for the court, and effictively said he is above our Constitution!
Obama says “Here’s a COPY of my birth certificate, but I REFUSE to show you the ORIGINAL”. Obama was BORN as a DUAL citizen and he can never be classified as a NATURAL born citizen.
He is using a mysterious Social Security number issued from Connecticut!
Why is the Obama birth certificate in color on a green pattern paper and all other birth certificate copies from Hawaii are “black and white” and made from micro-film?
Why are all of Obama’s school records STILL sealed?
Why are Obama’s student loan records sealed? Would they show he received financial aid as a FOREIGN student? How did Obama live on campus at Occidental College in the INTERNATIONAL dorm, restricted to FOREIGN students ONLY?
Shame on our court system and shame on our elected “representatives”!

Attack Dog

February 3rd, 2012
6:33 pm

While we are at it. Does any Dixiecrat know where Newton Searles McPherson was born?

Aquagirl

February 3rd, 2012
6:41 pm

Jane, are you going for the Random Caps Lock award? I warn you, that’s a very competitive category hereabouts.

Rule of Law applies

February 3rd, 2012
6:44 pm

I’ll bet everyone of these ’stick it to the birthers’ commenters voted for BO… Never mind that he’s brought ‘change’ to this nation that your children and grand children will pay the consequences… Nice going! You give up freedom for temporary security and you deserve neither…

hey jane

February 3rd, 2012
6:45 pm

obama took the nomination from clinton and took the presidency from McCain’s grasp.

dontcha think that the Clintons and the GOP, including Rove and Bush (former head of the CIA) and all of the other hacks did some digging for dirt on this guy Obama?

I mean, Obama took the presidency from two of the most powerful familiies on the planet. and yet, you think that you have figured out that he’s not a citizen? right. sure. uh huh.

Lildet

February 3rd, 2012
6:45 pm

So a previous Supreme Court decision doesn’t matter?
The United States Supreme Court’s decision in Minor v.
Happersett, 88 U.S. 162, 167, 22 L. Ed. 627, 21 Wall. 162 (1875),
is binding authority for the proposition that the Article II
phrase “natural born Citizen” refers to a person born in the
United States to two (2) parents who were then (at the time of
the child’s birth) themselves United States citizens.

BRW

February 3rd, 2012
6:50 pm

Centrist and td, still groveling at the trough of GOP sillyness. Even when it’s thrown in your face you can’t acknowledge it or even keep your trap shut so we don’t see how spiteful you are.

BRW

February 3rd, 2012
6:52 pm

Jane’s been paying for the Becksters web site. Chickin-Little much???

toujoursdan

February 3rd, 2012
6:55 pm

Minor v. Happersett had nothing to do with establishing who is a natural born citizen. It answered the question (in 1875) whether women could vote.

http://en.wikisource.org/wiki/Minor_v._Happersett

HS

February 3rd, 2012
6:57 pm

Lildet — Minor v Happersett was not about presidential eligibility. It was about women’s right to vote as US citizens. Go to an original source. I suspect you are just re-posting, and not verifying. Also, keep in mind that there is precedent … The father of President Chester A Arthur was not a US citizen at the time of his son’s birth. Rubio’s parents were not citizens at the time of his brith, either. Is Orly Taitz gonna file cases against him someday too?

Aquagirl

February 3rd, 2012
7:07 pm

I suspect you are just re-posting, and not verifying.

Gee….do ya think?

insider9909

February 3rd, 2012
7:09 pm

I don’t suppose it matters to you tea-tards that if this idea of both parents being born in USA had been upheld that Romney would be off the ballot also. Romney’s father was born in Mexico.

This isn’t about where Obama was born, it’s about the color of his skin and the republicans knowing that none of the republican circus freaks can defeat the president in the fall.

Auntie Christ

February 3rd, 2012
7:14 pm

Jane, you made two good points 1. What has become of our beloved Republic, the rule of law, and our Constitution? 2. Shame on our court system and shame on our elected “representatives”!

Of course in between these two points are the usual tea bag, birther garbage, but let’s address these two. The rule of law went out the window when we let war criminals rumsfeld, bush, cheney, wolfiwitz et al go unindicted and unpunished. Their crimes of malfeasance (i.e. lying us into a war of aggression) torture, black ops and extraordinary rendition of noncombatants and American citizens is well documented, but to our court system and elected representatives’ everlasting shame, they will never see the iside of a court room or get the punishment they deserve.

jconservative

February 3rd, 2012
7:15 pm

“Now this case can be appealed and sent all the way to the SCOTUS to finally determine what the phrase means in the Constitution.”

To td and Jane.

The Supreme Court Of the United States has already decided. Decided 3 times. The assorted “birther”‘ claims have no merit and do not warrant a full hearing before the Court.

“The phrase” means what the Constitution says it means. See the 14th Amendment, Section 1. “All persons born…in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Here is the decision of the Court in the last “birther” case appealed to the Court:

“MONDAY, AUGUST 16, 2010
10A56
TAITZ, ORLY V. MACDONALD, THOMAS D., ET AL.
The application for stay addressed to Justice Alito and
referred to the Court is denied.”

One sentence. No case. Over. Done with, End of story.

The birth certificate certified by the State of Hawaii is official and that is the end of that story. Per the Constitution, that you say you want to see enforced:

Article 4, Section 1, “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”

This means, as the Supreme Court has ruled dozens of times, that any birth certificate certified as official by the State of Hawaii is legal in all 50 states. Just like your marriage license is legal in all 50 states. Just like your drivers license is legal in all 50 states. Just like my grandsons, born in Georgia and living in North Carolina, have their birth certificates recognized by the State of North Carolina. The State of North Carolina has no choice. The Constitution speaks.

The three cases appealed to the Supreme Court case are so lousy that they do not even get two sentences from the Court. One sentence is enough to do away with nonsense.

The US Supreme Court gets about 10,000 cases each year. About 1/2 are so frivulous they only get a one sentence refusal. The “birther” cases are that frivulous.

Really.? Seriously.?

February 3rd, 2012
7:18 pm

@Jane and td….stick a sock in it. Get over it!!!!! Move on.

Not a Neal Boortz Redneck

February 3rd, 2012
7:29 pm

Ha Ha HA!!!

Bush-Necks lose again!

Dena

February 3rd, 2012
7:30 pm

lildet – did you actually read the decision?

“In deciding whether a woman was eligible to vote, the Minor court merely concluded that children born in a country of parents who were its citizens would qualify as Natural born, and this Court agrees.”

Now, here’s the important part that birthers overlook…

“The Minor Court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.”

tim

February 3rd, 2012
7:30 pm

Obama wasn’t born………..he was hatched.

Look before I leap...

February 3rd, 2012
7:31 pm

I am no legal export nor am I a constitutional scholar yet I have read many of the opinions out on the web on both sides of the issue. Most are very passionate, some articulate and much is is beyond me.

While I can’t speak to the various and sometimes conflicting opinions, I can’t help but wonder why, if there truly is legal traction in the birther argument, after 3 years, each and every judicial procedure has ruled in favor of the defendant or dismissed the care outright? Are we to be believe that the judiciary in multiple states and federal jurisdictions are so pro-Obama they are willing to ignore the law and rule to keep him in office?

Even more confusing to me is why most of the cases are being brought by two moonbats with repeated court sanctions and reprimands (Taitz and Berg)? I mean I am sure there are some very smart lawyers in the GOP with impeccable credentials who would be willing to pursue this were there any merit.

There really are only 3 possibilities here:
1. The constitution and judicial precedent are so ambiguous and conflicting this is a largely unresolvable issue

2. There is a grand conspiracy in the judicial branch to ignore the rule of law in order to keep Obama in office.

3. The birther arguments are a bunch of hooey and 99.9 percent of knowledgeable legal minds recognize this.

BRW

February 3rd, 2012
7:37 pm

And tim should have been a wet spot on someones underwear ………..

Nelson Mandella

February 3rd, 2012
7:38 pm

This hearing was based on Obama not being a “natural born” American as defined by the Constitution. This was not a birther issue.

BRW

February 3rd, 2012
7:40 pm

No this was about bitter losers that can’t stand the fact a black man was legally elected POTUS.

Look before I leap...

February 3rd, 2012
7:47 pm

@Nelson Mandella

Same moonbats, different argument.
Actually it is about the 4th different attack made:

Obama was not born in the US (short form BC is not proof, ruled incorrect)
Obama was not born in the US (no long form BC produced, form produced)
Obama can’t prove he was born in the US (long form produced, accused of being a forgery and by the way THIS was part of the case in front of Malahi – ruled against plaintiff)