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Federal Judge Dismisses Birther Law Suit
Friday, July 17, 2009
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Columbus judge says suit ‘moot’ because of previous Army decision.
By Lily Gordon
The Columbus Ledger-Enquirer
A federal judge tossed out a controversial lawsuit Thursday brought here by a U.S. Army reservist seeking to avoid deployment to Afghanistan because he questions Barack Obama’s eligibility as president.
Maj. Stefan Frederick Cook filed the suit July 8 with the U.S. District Court for the Middle District of Georgia seeking conscientious objector status and a temporary injunction.
U.S. District Judge Clay Land sided with the government, represented by Maj. Rebecca Ausprung, which claimed Cook’s suit was “moot” because the Army had already told him he doesn’t have to deploy, so the relief he is seeking has been granted.
"The same Constitution upon which Major Cook relies in support of his contention that President Barack Obama is not eligible to serve as President of the United States very clearly provides that federal courts shall only have the authority to hear actual ‘cases and controversies,’” Land stated in his written order. “By restricting the Judiciary’s power to actual ‘cases and controversies,’ our founders wisely established a separation of powers that would ensure the freedom of their fellow citizens. They concluded that the Judicial Branch, the unelected branch, should not inject itself into purely ‘political disputes,’ and that it should not entangle itself in hypothetical debates which had not ripened to an actual legal dispute.”...(Remainder.)
By Lily Gordon
The Columbus Ledger-Enquirer
A federal judge tossed out a controversial lawsuit Thursday brought here by a U.S. Army reservist seeking to avoid deployment to Afghanistan because he questions Barack Obama’s eligibility as president.
Maj. Stefan Frederick Cook filed the suit July 8 with the U.S. District Court for the Middle District of Georgia seeking conscientious objector status and a temporary injunction.
U.S. District Judge Clay Land sided with the government, represented by Maj. Rebecca Ausprung, which claimed Cook’s suit was “moot” because the Army had already told him he doesn’t have to deploy, so the relief he is seeking has been granted.
"The same Constitution upon which Major Cook relies in support of his contention that President Barack Obama is not eligible to serve as President of the United States very clearly provides that federal courts shall only have the authority to hear actual ‘cases and controversies,’” Land stated in his written order. “By restricting the Judiciary’s power to actual ‘cases and controversies,’ our founders wisely established a separation of powers that would ensure the freedom of their fellow citizens. They concluded that the Judicial Branch, the unelected branch, should not inject itself into purely ‘political disputes,’ and that it should not entangle itself in hypothetical debates which had not ripened to an actual legal dispute.”...(Remainder.)
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