Court rejects 'birther' suit

Oct. 29, 2009 at 9:58 PM
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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."

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