Federal judge dismissed the challenge to Obama’s birth certificate

October 26, 2008

As expected, a federal judge in Philadelphia late Friday dismissed a challenge to the campaign of Barack Obama to produce yet another copy of his birth certificate. District Judge R. Barclay Surrick ruled that the plaintiff, screwball attorney Philip J. Berg, lacked standing to sue.

Appearing to take his inspiration from the Monty Python character, the Black Knight, Berg promised to appeal the decision to the Supreme Court of the U.S.

Among reputable media, only the Philadelphia Daily News took note of the dismissal early on:

Obama and the Democratic National Committee had asked Surrick to dismiss Berg’s complaint in a court filing on Sept. 24.

They said that Berg’s claims were “ridiculous” and “patently false,” that Berg had “no standing” to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.

Surrick agreed.

In a 34-page memorandum and opinion, the judge said Berg’s allegations of harm were “too vague and too attenuated” to confer standing on him or any other voters.

Surrick ruled that Berg’s attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were “frivolous and not worthy of discussion.”

The judge also said the harm Berg alleged did “not constitute an injury in fact” and Berg’s arguments to the contrary “ventured into the unreasonable.”

For example, Berg had claimed that Obama’s nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)

Berg could not be reached for comment last night.

Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight thesmears.com, confirming his birth there.

Berg said in court papers that the image was a forgery.

The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.

Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama’s birth there on Aug. 4.

Dozens of bloggers bought new rolls of aluminum foil to make protective hats, and questioned the dismissal, or jumped to other equally unwarranted conclusions. Near total insanity.

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Update, 10-27-2008:  Here’s an example of how lunatic this issue is, and how bizarre are the arguments.  This blog argues that Judge Surrick had the decision dictated to him from someone else in the Obama camp — the same lunatic argument creationists made against the decision of Judge Jones in the Dover, Pennsylvania, “intelligent design” trial.  Could it be that all lunatics are creationists?  Or is it just that lunatics all stumble into the same lunatic arguments?


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