Judge Rules Court Can't 'Overthrow a Sitting President'

Monday, November 2, 2009 at 12:55 PM

A federal judge in Santa Ana, California has dismissed a lawsuit that alleges President Barack Obama is not a naturally born U.S. citizen and his presidency violates the Constitution.

Judge David O. Carter dismissed the case citing that the Constitution does not give the U.S. District Court jurisdiction to preside over the matter - or as Carter writes, to "overthrow a sitting president," the Los Angeles Times reports.

The suit was filed by about 40 plaintiffs - including military personnel, taxpayers and former political candidates - on the day Obama was sworn in as the country's 44th president.

One plaintiff, attorney and dentist Orly Taitz, had filed a similar lawsuit in a Georgia federal court; the case was dismissed two weeks ago. The presiding judge in the federal case said that Taitz was using the justice system to pursue "political rhetoric and insults."

Some who wish to remove Obama from office claim that the president was born in Kenya. However, to date, no affirmative evidence has supported this claim, and Obama has produced a birth certificate originating from Hawaii.
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