Monday, February 06, 2012

Georgia Judge Backs Off Pro-Birther Decision, Holds Obama Is a Natural Born Citizen

http://thinkprogress.org/justice/2012/02/06/419144/georgia-judge-backs-off-pro-birther-decision-holds-obama-is-a-natural-born-citizen/

By Ian Millhiser on Feb 6, 2012 at 9:50 am

Last month, an administrative law judge in Georgia issued a widely-mocked decision rejecting President Obama’s attorneys’ argument that the president should not be forced to testify in a case brought by several birther activists who claim that he is ineligible to be president. On Friday, however, the judge finally decided to end this charade, holding that President Obama is indeed eligible to hold his current office

In 2009, the Indiana Court of Appeals (“Indiana Court”) addressed facts and issues similar to those before this Court. In Arkeny, the plaintiffs sought to prevent certification of Mr. Obama as an eligible candidate for president because his is not a natural born citizen. The plaintiffs argued, as the Plaintiffs argue before this Court, that “there is a very clear distinction between a ‘citizen of the United States’ and a ‘natural born Citizens,’ and the difference involves having [two] parent of U.S. citizenship, owning no foreign allegiance.” The Indiana Court rejected the argument that Mr. Obama was ineligible, stating that children born within the United States are natural born citizens regardless of the citizenship of their parents. The Court finds the decision and analysis of Arkeny persuasive.

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