Birther lawsuit thrown out by CA judge -- nice intro to Civil Procedure and Con Law I
October 30, 2009 at 10:57 AM
A federal judge for the Central District of California issued an order granting defendant's motion to dismiss for the complaint filed by what is popularly known as the "Birther" movement. This group believes that President Obama is not a "natural born citizen" and thus constitutionally unqualified. The issue itself may not be altogether interesting, but the order written by the judge is a nice introduction to topics taught in the first semester of Civil Procedure and Con Law I. The judge writes about standing (including tax payer standing, oath takers, and political candidates), redressability, the political question doctrine, separation of powers, and subject matter jurisdiction. The order cites to Lujan v. Defenders of Wildlife, Baker v. Carr, Flast v. Cohen, Hein v. Freedom from Religion, and Pacific States Telephone & Telegraph Co. v. Oregon among others. These cases are often discussed during the first year of law school. It is a rather interesting read.