A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco, in upholding a lower court's dismissal, ruled the dozens of plaintiffs in the lawsuit cannot sue Obama because none of them has suffered any injury the court could fix, the Los Angeles Times reported.
Among the plaintiffs are Alan Keyes, who ran for the U.S. Senate in Illinois against Obama in 2004, and Wiley Drake, a minister from Buena Park, Calif., who once asked his congregation to pray for Obama's death, the Times said.
The 9th Circuit judges said candidates who thought they were running against an ineligible opponent would have to make their case before the election, not after.
Some so-called birthers insist Obama's Hawaii birth certificate is fake, insisting he was born in Kenya.
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