Mobile UPI  |   About UPI  |   UPI en Español  |   UPI Arabic  |   UPIU  |   My Account
Search:
Go

Court rejects 'birther' suit

|
|
 
  
Published: Oct. 29, 2009 at 9:58 PM

SANTA ANA, Calif., Oct. 29 (UPI) -- A federal judge in Santa Ana, Calif., has tossed out a lawsuit claiming President Barack Obama was not born in the United States and holds office illegally.

Judge David O. Carter ruled Thursday federal courts are not constitutionally authorized to "overthrow a sitting president," the Los Angeles Times reported.

The suit was filed by Orange County, Calif., attorney and dentist Orly Taitz, who -- despite evidence to the contrary -- has consistently maintained Obama is constitutionally barred from the presidency because he has not produced documentation that he is a "natural-born" citizen.

Obama has produced a birth certificate from Hawaii. Taitz , who filed a similar lawsuit that has been dismissed in federal court in Georgia, insists evidence proves Obama was born in Kenya.

The judge who dismissed her case in Georgia fined Taitz $20,000 two weeks ago, calling the lawsuit frivolous and accusing her of using the justice system to pursue "political rhetoric and insults."

In his ruling, Carter noted "plaintiffs have attacked" those who disagree with their claim as "unpatriotic and even treasonous," the Times said Thursday.

"Respecting the constitutional role and jurisdiction of this court is not unpatriotic," Carter wrote. "Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism."

Topics: Barack Obama, David O.
Recommended Stories
© 2009 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

Order reprints
  
Join the conversation
Most Popular Collections
The Tibetan Moniam Festival in China Super Bowl XLVI ticker tape victory parade Proposition 8 ruled unconstitutional in California
AARP Movies for Grownups Award Gala The Most Desirable Women of 2012 Snowy Owls make appearance in Washington
Additional U.S. News Stories
1 of 20
Cold snap across Europe
View Caption
fark
Lots of rainbows in Seattle today as WA becomes the first state to pass marriage equality by popular...
Photoshop this pensive person
Why XXXXX mothers are superior. Never has there been a more misleading headline
Judge on the other side of the gavel after dismissing wife's and friends' tickets
Ok, for the last time, the 7-year-old girls in Walmart are NOT free samples. Please make a note...
Scientists discover a primate with a shriek that more ear-piercing than your sister-in-law's