The US Court of Appeals for the Third Circuit of New Jersey affirmed the District Court’s dismissal, based on lack of standing and subject matter jurisdiction, of Kerchner v. Obama, calling the case “frivolous” and issuing a Precedential Opinion.
Not to be taken lightly:
[W]hen a judge calls an argument “ridiculous” or “frivolous,” it is absolutely the worst thing the judge could say. It means that the person arguing the position has absolutely no idea of what he is doing, and has completely wasted everyone’s time.
The case relied, belatedly, on the de Vattel theory of natural born citizenship, requiring two citizen parents for presidential eligibility; as opposed to birthplace, reflected in court rulings and historical precedent.
It doesn’t mean that the case wasn’t well argued, or that judge simply decided for the other side, it means that there was no other side. The argument was absolutely, positively, incompetent. The judge is not telling you that you were “wrong.” The judge is telling you that you are out of your mind.
Undeterred, Mario Apuzzo filed a Petition for a Writ of Certiorari, the outcome of which is expected to appear on today’s Orders List.
Apuzzo seems confident in a CAAFlog thread:
I am optimistic that the Court will grant certification. The question of presidential eligibility and the meaning of an Article II “natural born Citizen” is too important for the Supreme Court to turn down the case.
However, Dwight Sullivan maintains that indications are that certification has already been denied:
That order list doesn’t reflect the results of today’s conference; that list will come out on Monday. But we know cert was denied because the SG waived the United States’ right to respond to the cert petition and the Supremes didn’t call for a response before the conference. That means cert was denied.
For more on this, visit Doc Conspiracy:
WorldNetDaily asks: “Is this the case that will break the presidential eligibility question wide open?” to which I reply, “No.”
The Kerchner lawsuit was a “kitchen sink” complaint including every birther fantasy from fake travel bans to Pakistan, misrepresentations of Hawaiian statutes and grandmother tapes to redefinition of “natural born citizen.” While the natural born citizen argument was little more than a footnote in the original complaint, it has become central to Kerchner’s publicity campaign.