Thursday, April 19, 2012

Fed Court: Eligibility Question "Important and Not Trivial"

Last week I reminded you that one of our Certification Class Action lawsuits was filed in State court in Tennessee, and that that case had been “removed” to Federal court by the defendants. I also told you that LLF had filed a motion to remand the case back to the State court. Last Friday the Federal court denied our motion.

While we’re disappointed that the Court denied our motion, there is some good news that came along with the denial. In its 12-page opinion the Court made several very positive statements about our case. Here are some quotes:

“The Court finds that the federal question presented, the meaning of the phrase 'natural born citizen' as a qualification for the Presidency set out in Article II of the Constitution, is important and not trivial.”

“The issue of whether President Obama is constitutionally qualified to run for the Presidency is certainly substantial.”

“It is clear that the stated federal issue of President Obama’s qualifications for the office are ‘actually disputed and substantial.’”

“It is also clear that there will be a legal dispute over the Constitution’s definition of ‘natural born citizen’ and the Supreme Court’s decision in Minor.”

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