Barack Obama is still president. The birth certificate challengers lost again. A federal appeals court upheld dismissal of the lawsuit challenging Obama’s eligibility to serve as president.
The 9th U.S. Circuit court of Appeals held that the plaintiffs, including a soldier and retired military personnel, taxpayers and even someone claiming to be a relative of Obama, lack standing to sue because they failed to show they had anything more than general grievances, rather than an actual injury.
The lawsuit was filed immediately after Obama took the oath of office on January 20, 2009 and asked among other things that U.S. District Judge David Carter compel the president to show “by what authority he holds the office of President,” meaning they wanted proof he was born in the U.S.
The 9th Circuit said even political candidates during the 2008 election, Alan Keyes and Wiley S. Drake, presidential and vice presidential candidates, as well as libertarian and American Independent Party candidates lacked standing because they were no longer candidates competing for office by the time they sued.
In addition, the panel rejected a request for Freedom of Information Act order to compel Obama to produce the documents they desire. The panel held that FOIA does not apply to any of the defendants named in the suit, Obama, Michelle Obama, Vice President Joe Biden and Secretary of State Hillary Clinton and Secretary of Defense Robert Gates, because they are individuals and not government agencies.
Lastly, the court rejected racketeering allegations that the defendants were engaged in a conspiracy to withhold significant information about the President.
The opinion was written by Judge Harry Pregerson and joined by Judges Raymond Fisher and Marsha Berzon. All three were appointed by Democratic presidents. Pregerson by President Jimmy Carter and Fisher and Berzon both were Bill Clinton appointees.
Case: Drake v. Obama, No. 09-56827