While the headline yesterday was obviously the decision by Administrative Law Judge Michael Malihi in Georgia to leave President Obama on the primary ballot because he is a natural born citizen we learned that another more important decision was handed down in Federal court in Richmond, VA very recently.
The decision I speak of is the Fourth Circuit in the Eastern District of Virginia in a case filed by a crackpot named Charles Tisdale. Tisdale asked for an injunction to prevent the Virgina to Board of Elections from placing Barack Obama on the ballot in the November 2012 election.The case was dismissed for the usual reasons on 12(b)6 motion for failure to state a claim by District Judge John A. Gibney, Jr. on January 20 (ironically the day that President Obama began his fourth year as President). Judge Gibney issued his ruling very quickly a mere week after the defendant was granted leave to file pro se with pauper status. While we do not have copies of the initial pleading and response the decision makes it clear that Tisdale argued that Obama was not eligible because his father was not a citizen at the time he was born. Sound familiar? Judge Gibney rejected the premise and cites Wong Kim Ark as the defining case to determine who is a natural born citizen. Tisdale also argued that Mitt Romney was not eligible for the same reason. So we now have a ruling on record in federal district court that one needs look no further than the Wong Kim ark case to figure out who is eligible to be president Until now the most significant on point ruling was the Ankeny v Daniels case in Indiana in 2008. Now a federal court has addressed the merits of the two citizen parent theory and found it lacking.
There will be much more written about the ruling in Georgia. It was certainly about everything an Obama supporter could have hoped to receive. Judge Malihi said the was ready to order a default had the plaintiffs not insisted on a ruling on the merits. It was not clear exactly what that “default” would entail. The plaintiff David Farrar immediately said it meant “we have won or case” on January 26th. In the decision Judge Malihi rejected every argument made by the plaintiffs. He [mis]quoted the title of Ankeny v Daniels but said it was the case from which he took guidance to determine the definition of a natural born citizen. He rejected every one of Orly’s experts as not qualified. While he did chide Democratic Party attorney Mike Jablonski for not coming to the circus on January 26 he stopped short of pursuing a contempt charge. The chances that Secretary of State Kemp would not take the recommendation to keep the status quo and let Obama remain on the ballot are slim and none and slim left own. Both Attorneys Hatfield and Taitz said they will appeal and seem to agree that Kemp will not rule in their favor. The Birther accusations that Judge Malihi was threatened or bribed came quickly and predictably.
We discussed the decisions an and the aftermath on a special edition of RC Radio last night. Long time Birther watcher and foe Foggy said he thinks the Birthers will keep right on going. While he is probably right I believe yesterday was a significant blow to the Birther’s in battle for the public opinion. They had been able to push the two parent citizen requirement without having to buck adverse court decisions on the question. In the span of one week we now have three decisions in three venues declaring that President Obama a natural born citizen where the challenger was specifically arguing that Minor v Happersett said otherwise. The third was a ballot challenge by a Michael Jackson from Illinois who wanted the President tossed from their PPP ballot based on the M v H nonsense. It was not only rejected by the hearing examiner and the full board it was labeled “nonsense”.
Some observations and predictions from this humble Birther observer:
- Orly Taitz’s influence in Birthistan will continue to decline.
- The two parent citizen theory that was always complete nonsense has been dealt a death blow.
- Politicians who actually have to face the voters will be more reluctant than ever to “Birf”.
- President Obama will appear on every ballot in every presidential preference primary and caucus.
- He will be on the ballot in every state and D. C. in November.
- Birthers will continue to be entertaining.
- Birthers will not heed my advice.
Judge Malihi’s decision in Georgia:
Judge Gibney’s decision in Tisdale v Obama in the 4th Circuit, ED VA: