'Birthers' Lose Again as Federal Judge Nixes Challenge to Obama Presidency
U.S. District Judge Jerome Simandle in Camden, N.J., ruled Tuesday that four voters lacked standing to attack Barack Obama's eligibility or to claim their rights were violated by Congress' failure to investigate his place of birth...
Simandle agreed with Assistant U.S. Attorney Elizabeth Pascal that because the plaintiffs couldn't prove they had suffered any harm that was particularized, imminent or concrete, they lacked standing to sue. A claim that alleges the entire public is threatened or raises a general grievance about government isn't a sustainable under the Article III of the constitution, Simandle ruled in Kerchner v. Obama, 09-253.
The plaintiffs tried to get around the standing issue by pointing out that lead plaintiff Charles Kerchner, Jr. is a U.S. Navy reservist subject to recall to active duty. He would then need to know if his orders were emanating from a legitimate commander in chief, argued plaintiffs' lawyer Mario Apuzzo of Jamesburg.
But such an assertion is impermissibly conjectural and not an "injury in fact," as required by the rules on standing, Simandle said.
Even if they could show an injury in fact, the plaintiffs' claim raised the kind of abstract issue the U.S. Supreme Court has viewed as a legislative question, Simandle said, adding, "The Court acknowledges plaintiffs' frustration with what they perceive as Congress' inaction in this area, but their remedy may be found through their vote."
As I've said before, the Birthers should give up this fight. No court is going to hear or rule on their complaint.
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