Now that Robert Laity’s lawsuit against Vice President Harris has been denied and denied again by SCOTUS we can turn our attention to another Harris Birther lawsuit that has been festering in the Southern District of California. A group calling themselves the “Constitutional Association, Inc” filed a complaint asking for an injunction preventing Harris from assuming the office of Vice President citing the Birther invented definition of natural born citizen (requiring that both parents be US citizens at the time of birth) and the usual sources (de Vattel, Minor v Happersett, John Jay’s letter to George Washington, etc.). The plaintiffs go even further and claim that Harris was not even a citizen at birth because her father (Jamaican) and mother (Indian) who both resided in California at the time were not under the jurisdiction of the United States.
The Constitution Association officers are President Douglas V. Gibbs, conservative radio host in San Diego, Dennis Jackson, Vice President, and George Rombach, Treasurer. They are all named plaintiffs in the complaint.
The initial complaint was filed on December 7, 2020 before the Electoral College voted to make Joe Biden President Elect and Kamala Harris Vice President Elect. The plaintiffs tried to serve Harris by mailing a copy of the summons and complaint to the White House. On April 26 the plaintiffs filed for default since Harris had never responded. The same day the clerk entered a default against VP Harris.
Then on May 12th the Vice President through the local US Attorney’s office filed an ex parte motion to set aside the default and dismiss the complaint since Harris had never been properly served under the rules for serving a complaint upon a government employee. On May 17th Judge Todd Robertson issued an order to show cause why the case should not be dismissed the issues of standing and subject matter jurisdiction and gave the plaintiffs until June 3rd to file a response to the ex parte motion filed by the US Attorney’s office.
The plaintiffs filed their response on June 3rd and claimed that the Vice President was not a government employee and had been properly served. On June 10th the acting US Attorney filed a reply to the plaintiffs’ response.
On June 11th the Constitution Association filed additional motions including an amended response to the government’s ex parte motion, a request for a hearing, and a request for recognition as class status. The latter two motions were docketed along with notices from the court that they contained procedural errors. (See the docket for more details.)
A decision on the ex parte motion to dismiss is pending.
Most of the court documents are available at Court Listener