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Fed Court: Eligibility Question “Important and Not Trivial” -- Obama Ballot Challenge

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  • Fed Court: Eligibility Question “Important and Not Trivial” -- Obama Ballot Challenge

    Fed Court: Eligibility Question “Important and Not Trivial”

    Obama State Ballot Challenge 2012

    GeorgeM
    4/19/2012

    Excerpt:

    LIBERTY LEGAL FOUNDATION

    "Last week I reminded you that one of our Certification Class Action lawsuits was filed in State court in Tennessee, and that that case had been “removed” to Federal court by the defendants. I also told you that LLF had filed a motion to remand the case back to the State court. Last Friday the Federal court denied our motion.

    While we’re disappointed that the Court denied our motion, there is some good news that came along with the denial. In its 12-page opinion the Court made several very positive statements about our case. Here are some quotes:

    “The Court finds that the federal question presented, the meaning of the phrase ‘natural born citizen’ as a qualification for the Presidency set out in Article II of the Constitution, is important and not trivial.”

    “The issue of whether President Obama is constitutionally qualified to run for the Presidency is certainly substantial.”

    “It is clear that the stated federal issue of President Obama’s qualifications for the office are ‘actually disputed and substantial.’”

    “It is also clear that there will be a legal dispute over the Constitution’s definition of ‘natural born citizen’ and the Supreme Court’s decision in Minor.”

    The Court’s statements strongly imply that it has already decided many of the issues that usually lead to procedural dismissals, and that it has decided them in our favor. While it is certainly dangerous to read too much into such an opinion, the statements from this Federal court are encouraging. The Court appears to understand the most critical issues presented by our complaint.

    The Tennessee Democratic Party, the Democratic National Committee, and the DNC Chairman Debbie Wasserman Schultz have already filed motions to dismiss our case. LLF will be filing our opposition to these motions within the next two weeks. We will post our filings as soon as they are filed.

    As you know, LLF is taking several simultaneous approaches to addressing the eligibility issue. Our lawsuits are moving forward through the various courts. Please continue to help us by spreading the word about LLF and donating to support our efforts."

    For Liberty,

    Van Irion, Founder


    View the complete post at:

    http://obamaballotchallenge.com/fed-...nd-not-trivial
    B. Steadman
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