October 26, 2008

Judge Rejects Obama Citizenship Suit

PHILADELPHIA (AP) - A federal judge has dismissed a lawsuit challenging Barack
Obama's qualifications to be president. U.S. District Judge R. Barclay Surrick on Friday night rejected the suit by attorney Philip J. Berg, who alleged that Obama was not a U.S. citizen and therefore ineligible for the presidency.

Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters."

I thought this suit was a stretch but to dismiss the case because the harm of having candidates that are constitutionally ineligble is too vague or weak to investigate is judicial malpractice.

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