So: Tisdale.
For the newbs: In 20
12, Charles Tisdale filed a federal pro per lawsuit against Obama. The district court cited Wong Kim Ark, noted Obama's a natural-born citizen, and promptly dismissed. The 4th Circuit quickly
affirmed the dismissal in a terse, unpublished ruling.
Nonetheless, P&E resident eggspurt DeMaio wrote
many words about this case. I can't be bothered to carry it over, but it is unintentionally funny.
Then, in the comments!:
No, but thanks for offering! Continuing:
What is amazing about Tisdale is that the Court dismissed the case on the same day that the pro se plaintiff filed his complaint, January 23, 2012, by simply filing an Order. The docket of the court even has the Court’s dismissal order of January 23, 2012, as Document 2 while the complaint which was also filed on January 23, 2012, is listed as Document 3. So, the Court did not even wait for the court clerk’s office to upload the complaint to the court’s website or for the defendants to file an answer or a motion to dismiss for lack of standing or based on some other defense. Rather, the Court simply on its own on January 23, 2012 (the same day the complaint was filed which I presume was done either in person or by mail and not electronically) dismissed the complaint for what is written in the complaint, not even giving the pro se plaintiff the chance to brief the legal issue of the meaning of a “natural born Citizen.” The Court dismissed the complaint so quickly that the defendants did not even have to argue that the plaintiff does not have standing. The court’s sudden actions also leave us thinking how much research and thought did the court put into its dismissal order which is based on the definition of an Article II “natural born Citizen,” a definition which in the eyes of the Founders and Framers has monumental and critical importance to the survival and preservation of the constitutional republic. The Court did not render any comprehensive decision. This Order is not a published precedential decision, and Obama’s supporters surely keep that fact out of the public discussion.
On January 24, 2012 (the next day after the dismissal), pro se plaintiff filed a Notice of Appeal to the 4th Circuit Court of Appeals. I filed amicus curiae brief to the 4th Circuit. The 4th Circuit “Affirmed by unpublished per curiam opinion.” See No. 12-1124. The Court simply stated that it found no reversible error in the lower court decision. It did not reach the merits of the meaning of a natural born citizen or whether Barack Obama was a natural born citizen.
The bottom line is that all the commenters’ massaging here cannot change the fact that Tisdale is a poorly reasoned and supported decision of our courts and is not a presidential decision on the meaning of a natural born citizen.
So Apuzzo is Not Yet Dead. (NADT.)
Apuzzo can't be bothered to clean up the cobwebs on his own site, but has the time to grace Rondeau's.