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TOPIC: Federal Judge Dismisses Suit by 'Birther' Activist Orly Taitz (Law.com 4/16/10)


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Federal Judge Dismisses Suit by 'Birther' Activist Orly Taitz (Law.com 4/16/10)
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http://www.law.com/jsp/article.jsp?id=1202448229149&rss=newswire

A federal judge has dismissed a Washington lawsuit by "birther" activist Orly Taitz challenging President Barack Obama's citizenship.

Taitz, a dentist and lawyer from California known for her occasional TV news appearances, filed a "quo warranto" complaint challenging Obama's status as a natural born citizen and demanding that Secretary of State Hillary Clinton provide a copy of the president's birth certificate.

The case landed with Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia, who, suffice it to say, was having none of it.

"This is one of several such suits filed by Ms. Taitz in her quixotic attempt to prove that President Obama is not a natural born citizen as required by [the] Constitution," Lamberth wrote in a decision published on Wednesday. "This Court is not willing to go tilting at windmills with her."

Lamberth wrote that only the U.S. attorney general or a U.S. Attorney's Office can ask a court to file a writ of quo warranto, which according to Black's Law Dictionary is a "common-law writ used to inquire the authority by which a public office is held."


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Tatz has really hung in there, but each time she goes to court, it's a dead end.

I believe that MSM and others have ridiculed and marginalized the "'birthers" , and particularly, Tatz, to such a great extent that the courts don't take them seriously. I honestly think that many Americans don't believe that Obama is a citizen. In reading the comment sections on some articles at blogs and online newspapers, I often find posts about the issue.

I've not been active in the birther movement - not because I don't believe that O's not a citizen - maybe he's not. Early on, I thought the question about his citizenship might actually get some traction, but that hasn't been the case.

For me, personally, having only a limited amount of time to be involved with activism (we all have many other responsibilities - not enough time) I felt whatever time I had could be better spent in efforts other than the birther movement.

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I don't think there's much that ordinary activists/citizens can do about the eligibility issue unless they happen to be lawyers or whatever. I keep track of the birthers and I post articles when I find them, but that's about the extent of it. I do believe there's something fishy about Obama's eligibility-- he spent waaaaaay too much $$$ trying to hide his past from the public-- but I wouldn't classify myself as a birther. Most birthers believe Obama was born in Kenya, whereas I find it more feasible that he lost his citizenship when he was adopted by his Indonesian stepfather. I also suspect he traveled to Pakistan in the 1980s on an Indonesian passport and that he was registered at Occidental College as a foreign student. Thus if I were a lawyer pursuing this case, I'd go after the school records rather than the birth certificate.

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I never thought about the school records, but that's a good idea. I had the same thought about the Indonesian citizenship early in the citizenship debate, but had forgotten about that.
Obama has not tried to hide the fact that he was adopted by his step-father, from Indonesia - one of the few things about his life he has not tried to hide.

I remember when we were back at HV discussing this issue, someone posted that she was asked by her university to list herself as a foreigh student - said her family had lived abroad in various places for years. Since, at that time, the colleges were getting financial help from the government for enrolling foreign students, they were seeking out any who might fit that criteria. The poster noted that she and Obama were the same age, and speculated that he could have been asked to register as foreign, as well.

That seemed like a likely possibility to me. Of course, as you said, Obama has spent a ton trying to keep some of his college records sealed.


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It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed the Union.... Men, their rights and nothing more; women, their rights and nothing less.  ~Susan B. Anthony

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