White House Nightmare: Eligibility Case Still Alive...
By Bob Unruh, WND
Filed on appeal almost a year ago, a legal challenge against Barack Obama remains lurking in the hallways and offices of the Alabama Supreme Court, where at least two justices already have indicated an interest in the radioactive issue of Obama’s constitutional eligibility to serve as president.
Court officials confirmed to WND today that the case brought by attorney Larry Klayman, who founded Freedom Watch, and most recently hit the headlines for a successful fight against Obama’s program run by the National Security Agency to spy on Americans, remains on the docket.
It’s been fully briefed, but the justices haven’t announced yet whether they will hear oral arguments on the dispute, even though Klayman asked for an opportunity.
The case raises some of the same arguments that appeared earlier in dozens of local, state and federal court cases over Obama’s first term.
They all argue in some fashion that because of the lack of details about Obama’s birthplace, he might be ineligible to be president under the Constitution’s requirement. That is thought to have been defined by the Founders as someone who was born of citizen parents in the country.
If the parents’ citizenship is a qualifier, Obama by his own admission fails, since he reports his father was a Kenyan student who came to study in the U.S. but never was a U.S. citizen himself. In fact, the senior Obama already was married, in Kenya, before he met and married Obama Jr.’s mother, Stanley Ann Dunham.
This case is brought on behalf of 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish, who are asking Alabama’s highest court to force Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.
Klayman, in a brief, argued that the secretary of state, “having the power to certify candidates, can surely de-certify – in effect disqualify – them if they are found to be ineligible.”
He pointed out that, for example, California Secretary of State Debra Bowen rejected Petra Lindsay on the 2012 California primary ballot because she was 27 years old. The U.S. Constitution requires that the president be at least 35.
Of significance to the case is the fact that two of the justices have expressed interest in the truth of the dispute.
In an earlier case, the justices in that very court denied a petition filed by McInnish to require Obama submit an original birth certificate before he could be placed on the state’s 2012 ballot.
At the time, Justice Tom Parker filed a special, unpublished concurrence in the case arguing that McInnish’s charges of “forgery” were legitimate cause for concern.
“Mclnnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the ‘short form’ and the ‘long form’ birth certificates of President Barack Hussein Obama that have been made public,” he wrote.