Hassan v. FEC (D.D.C.)

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bob
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Hassan v. FEC (D.D.C.)

#1

Post by bob » Tue Oct 02, 2012 4:00 am

This case has birthistan all aflutter, e.g., ORYR: [/break1]blogspot.com/2012/10/judge-sullivan-rules-14th-did-not-repeal-article-ii.html]Judge Emmet Sullivan Rules 14th Amendment Did Not Repeal Natural Born Citizen Requirement.Actually reading the [/break1]fec.gov/law/litigation/hassan_dc_memo_opinion.pdf]opinion might lead to a slightly different interpretation of the gist of the complaint:Plaintiff Abdul Karim Hassan brings this action against the Federal Election Commission (“FEC”), seeking a declaratory judgment that (1) the Presidential Election Campaign Fund Act, 26 U.S.C. §§ 9001-9013, which provides public funding to Presidential nominees of major or minor political parties, is unconstitutional and invalid, and (2) the natural born citizen clause of the Constitution1 is irreconcilable with, and has been “trumped, abrogated and implicitly repealed” by, the Equal Protection guarantee of the Fifth Amendment and the Citizenship Clause of the Fourteenth Amendment. Compl. ¶¶ 1, 31-32. Pending before the Court is Defendant’s Motion to Dismiss for lack of jurisdiction under Rule 12(b)(1), or in the alternative, for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Also pending before the Court is Plaintiff’s Application for a Three-Judge Court. Upon consideration of the motions, the responses and replies thereto, the applicable law, the entire record in this case, and for the reasons set forth below, [highlight]the Court will GRANT Defendant’s Motion to Dismiss[/highlight] and will DENY Plaintiff’s Application for a Three Judge Court.
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kreisman
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Hassan v. FEC (D.D.C.)

#2

Post by kreisman » Tue Oct 02, 2012 6:32 am

Actually, the whole discussion of the natural born citizen clause is dicta as the case was decided on the standing issue. [BTW, who has ever argued that the 14th Amendment abrogated the the natural born citizen clause anyway? Oh yea, the births claim that President Obama is only a 14th Amendment citizen and not a Constitutional natural born citizen clause citizen and since the 14th Amendment didn't abrogate the natural born citizen clause, the President is not a natural born citizen clause citizen. I think I got birther logic right.]

Tarrant
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Hassan v. FEC (D.D.C.)

#3

Post by Tarrant » Tue Oct 02, 2012 7:32 am

Yeah ORYR and Freep et al are all "OMG WE GOT HIM NOW!" over this case...despite the fact that while it IS dicta, it makes it clear, like so many cases have before, that there are only two types of citizens - natural born and naturalized. If you aren't naturalized, you're natural bornNo "14th Amendment" citizen. No Apuzzo-esque "Citizen of the United States" and the like. Birthers on ORYR, despite touting this case as "THE ONE", are absolutely furious (as usual) at posters pointing out that the case again throws the two-parent theory on the ash heap.

kreisman
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Hassan v. FEC (D.D.C.)

#4

Post by kreisman » Tue Oct 02, 2012 7:46 am

Yeah ORYR and Freep et al are all "OMG WE GOT HIM NOW!" over this case...despite the fact that while it IS dicta, it makes it clear, like so many cases have before, that there are only two types of citizens - natural born and naturalized. If you aren't naturalized, you're natural bornNo "14th Amendment" citizen. No Apuzzo-esque "Citizen of the United States" and the like. Birthers on ORYR, despite touting this case as "THE ONE", are absolutely furious (as usual) at posters pointing out that the case again throws the two-parent theory on the ash heap.That too. =D>

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verbalobe
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Hassan v. FEC (D.D.C.)

#5

Post by verbalobe » Tue Oct 02, 2012 8:25 am

... the case again throws the two-parent theory on the ash heap.Where Mario will find it, pick it up, dust it off, and call it the cat's pajamas.

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Piffle
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Hassan v. FEC (D.D.C.)

#6

Post by Piffle » Tue Oct 02, 2012 9:06 am

It's another one of Hassan's follies. We've seen him before in New Hampshire, Colorado and Iowa (and a few other states, I believe). He's turned suing to get on ballots (and get public funding, apparently) into a cottage industry. :yawn:

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verbalobe
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Hassan v. FEC (D.D.C.)

#7

Post by verbalobe » Tue Oct 02, 2012 9:23 am

It's another one of Hassan's follies. We've seen him before in New Hampshire, Colorado and Iowa (and a few other states, I believe). He's turned suing to get on ballots (and get public funding, apparently) into a cottage industry.A cottage industry! Reminds me of that famous line from The Graduate: "One word: Antimacassars".

A Legal Lohengrin
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Hassan v. FEC (D.D.C.)

#8

Post by A Legal Lohengrin » Tue Oct 02, 2012 10:56 am

Actually, the whole discussion of the natural born citizen clause is dicta as the case was decided on the standing issue.Agreed. However, I imagine any other court looking at the issue would come to an identical or nearly identical conclusion. If "equal protection" cut through previously existing constitutional requirements for office, it could also be construed as eliminating the age requirements for Representatives, Senators and the President, mandatory retirement ages for state judges, and any number of other absurd consequences.The possibility of such results did not even occur to those debating the amendment, largely because it is an absurd interpretation. I can think of no case in which an amendment has implicitly amended the text of the Constitution by such a fanciful interpretation.

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bob
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Hassan v. FEC (D.D.C.)

#9

Post by bob » Tue Oct 02, 2012 11:18 am

Hassan was not a Natural Born Citizen. He wasn’t born in this country and was a naturalized citizen just like you (or you claim to be – not one judge has ever seen your naturalization papers).President Obama was born in this country. When you have retired Justice Sandra Day O’Connor, one of the conservative justices, saying that President Obama is clearly a Natural Born Citizen (there is a YouTube video where she says this to a young girl asking the question), seems to me that all is lost in everything you have tried to do.Taitz":2rra52q5">O’Conn[highlight]e[/highlight]r did not see the affidavit and press conference by sheriff :twisted: [/break1]orlytaitzesq.com/?p=325082#comments]http://www.orlytaitzesq.com/?p=325082#comments :twisted: =))
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realist
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Hassan v. FEC (D.D.C.)

#10

Post by realist » Tue Oct 02, 2012 5:21 pm

Taitz wrote:


O’Conner did not see the affidavit and press conference by sheriff =))





Hey, Orly. Justice O'Connor didn't have to see Arpaio's crap to know Obama is a natural born citizen.





And here's another little newsflash for ya. Even if it could be proven that everything Shurf Joe and Zullo and Corsi (and you) go on about in their pressers and selling their books and radio an tee vee interviews were true... none of it... zero, zip, nada... would make Obama ineligible for president. Just sayin'.
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Sterngard Friegen
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Hassan v. FEC (D.D.C.)

#11

Post by Sterngard Friegen » Tue Oct 02, 2012 5:26 pm

Spoilsport.

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realist
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Hassan v. FEC (D.D.C.)

#12

Post by realist » Tue Oct 02, 2012 10:05 pm

Spoilsport. :mrgreen:
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Rickey
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Hassan v. FEC (D.D.C.)

#13

Post by Rickey » Sat Oct 06, 2012 12:07 am

Taitz wrote:


O’Conner did not see the affidavit and press conference by sheriff =))





Hey, Orly. Justice O'Connor didn't have to see Arpaio's crap to know Obama is a natural born citizen.


Since Justice O'Connor is from Arizona (I met her in her chambers in Phoenix once, some 34 years ago), I've no doubt that she is well aware of the worthlessness of anything which comes out of Arpaio's mouth.

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bob
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Hassan v. FEC (D.D.C.)

#14

Post by bob » Tue Mar 12, 2013 6:52 pm

D.C. Cir. [/break1]fec.gov/law/litigation/hassan_ac_order2.pdf]summarily affirms in one case and [/break1]fec.gov/law/litigation/hassan_ac_order.pdf]dismisses for lack of jurisdiction in another.
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realist
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Hassan v. FEC (D.D.C.)

#15

Post by realist » Mon Apr 15, 2013 11:49 am

This may be the same as bob posted above, but just for *completeness* as they say... -->


If it's a duplicate, apologies.





USCADC - Hassan v FEC - [link]Per Curiam ORDER,[/link]
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