9th Circuit Refuses to Prohibit DNC from Sending Fraudulent Notices

Tonight Obama will be accepting the Democratic Party’s nomination. Tonight or tomorrow the DNC will be sending notifications that they certify Obama as their candidate to the Secretaries of State for all 50 states. These notifications will either explicitly state that Obama is constitutionally eligible to serve as president, or they will imply it. Either way, the certifications will be fraudulent.

Earlier this week, the 9th Circuit Court of Appeals denied Liberty Legal Foundation’s emergency motion to prohibit the DNC from sending those fraudulent notifications. The 9th Circuit’s order denying our motion was one sentence. It essentially said, we’re denying your motion because we can. You can see the order on our website.

The 9th Circuit’s one-sentence denial of our motion is, in my mind, the definitive proof that America’s judicial system has completely failed. For a year Liberty Legal Foundation has been presenting courts with an opportunity to explain why Supreme Court precedent should be ignored. Rather than answer that question, the courts have avoided the question. The 9th Circuit’s denial cites a single case. That case stands for the principle that the 9th Circuit doesn’t have to grant our motion unless it wants to do so. Oh, it has the authority, but it isn’t required to grant our motion.

Understand what I just said. The 9th Circuit didn’t explain WHY it chose to deny our motion. It didn’t even offer an excuse. The Court didn’t say that the DNC’s notifications wouldn’t be fraudulent. It simply said, we don’t have to grant your motion, because we don’t have to.

That puts things into perspective doesn’t it? We’re asking high ranking government officials within the federal government’s judicial branch to answer a basic question about the Constitution. That question is simple, but is also a critically important Constitutional question. The answer would have determined whether Obama is eligible to serve another term as President. But the 9th Circuit determined that this question isn’t important enough for it to consider. It isn’t required to answer this question right now, so it will simply look the other way and act as if the issue doesn’t exist. By the time it is required to answer the question, the issue will be moot because the election will be over.

Our federal courts are now publicly stating that they have no desire to enforce the Constitution. They delay, they make excuses, and then when enough time has passed they simply say we don’t have to answer you right now, come back after it no longer matters. Then we will have another excuse: the issue will be moot.

LLF will not let this issue simply fade away. We are considering filing new lawsuits after the DNC sends its fraudulent notifications. After the notifications are sent the legal issues will be even simpler than they have been up to this point. We will either find a judge that is willing to follow the law, or we will further demonstrate the corruption of our judicial branch.

We need your help to continue this fight. If you believe in what we are attempting to do, please help. If you agree that the judicial branch has a duty to enforce the Constitution, please donate today.

For Liberty,

Van Irion, Founder

Liberty Legal Foundation