I haven’t kept up with Allen v. Obama, Arizona Democratic Party, in the Arizona Superior Court in Pima County, but Judge Richard E. Gordon’s Dismissal Order should make President Obama’s eligibility clear as a bell:
Most importantly, Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, Arizona v. Jay J. Garfield Bldg. Co., 39 Ariz. 45, 54, 3 P.2d 983, 986 (1931), and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. See United States v. Wong Kim Ark, 169 U.S. 649, 702-03 (1898) (addressing U. S. Const. amend. XIV); Ankeny v. Governor of the State of Indiana, 916 N.E.2d 678, 684-88 (Ind. App. 2010) (addressing the precise issue). Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise.
To put a fine point on it: A natural born citizen is one who is born in the United States; parents who are citizens or not citizens, one or both, have nothing to do with anything.
Fogbow court observer, Poutine, attended the status hearing on Tuesday, March 6, and reports:
I showed up for the 3:30 hearing around 3pm. Without having any idea who Kenneth Allen was, I felt I recognized him sitting close to the courtroom door waiting for it to open. My suspicion was confirmed when I saw some birther-looking lady walk up to him to shake his hand and say (I think), “Hi, nice to see you again,” and then hand him a stack of mysterious papers which seemed to have “notes” typed out on them. (Note: It’s also possible that she was his friend or wife, and I misheard what she said.)
Allen looks like a birther. He is a smallish man aged in his late 50s or early 60s. He looked nervous and tightly wound up. He was wearing a shirt and tie that were all but overshadowed by what appeared to me to be a large puffy winter jacket, presumably because he does not own a formal coat that is part of a suit.
The hearing started a few minutes early. Judge Gordon is a surprisingly young-looking judge with a friendly demeanor. In appearance were two lawyers from the Pima County Attorney’s Office. Appearing by phone for the Democratic Party was Paul Eckstein from the Perkins Coie firm, Phoenix office. I won’t read much into Eckstein’s decision to appear by telephone (he says it was due to a dinner he had to attend at 5:30), except to observe that it reflected a certain level of confidence (or arrogance, perhaps deliberately signaled).
The hearing lasted about 40 minutes. The judge started it with a strange comment about his background as a former US Attorney. He felt he did not need to recuse himself because the US Attorney was not a party to this action, but asked the parties if anyone wanted to request that he recuse himself. No one did, including Allen. I disagree that he even needed to bring this up but whatever.