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MD - FAIR - 2012-08-27 - Opinion and Order Dismissing Case

MD - FAIR - 2012-08-27 - Opinion and Order Dismissing Case

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Published by Jack Ryan

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Categories:Types, Research, Law
Published by: Jack Ryan on Aug 30, 2012
Copyright:Attribution Non-commercial

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09/29/2013

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I
"
·I
'I
,I
I
..
,I
II
I
~I
'I
I
I
TRACY
FAIR,
e
ta/
*
TN
THE
*
CIR
CUIT
COURT
Plaintiff
s
*
FOR
V.
*
CARROLL COUNTYBARACKHUSSEIN OBAMA,
II,
etals
.
*
D
efendan
ts
*
CASE
NO.
06-C-2012-060692
*
* *
*
*
*** * *
* *
*
* * ***
*
OPINION
Th
ismatter
came
on
f
or
trial
bef
orethe
Court
onAugust 17, 2012on
P1
ainti
frs
Complaint
for
DeclaratoryJudgment
and
Injunctive
Relief
filed withthis Court
on
Ja
nu
ary
26,2012, seeki
ng
relief
to
remove
Defendant,Barack
Hu
ssein
Obama,
II(
her
einafter"President
1
Obama")
fromthe
Ma
ryland ballotfor theforthcoming
Pre
sidential Primary Election,stating
as
ar
eason
that Presid
ent
Obamawas
n
ot
anaturalborn citizen
of
theUnitedStates
andnot
eligible to
be
placed
on
theballot.
That
Complaint
was
amended
on
March19, 2012,
an
additional
Plaintiff was
added,
as
well
as
numerousState officersasparties
De
fendantrelati
ve
tothisissue.A
Motion
toDis
mi
ss,to
ge
therwithsupporting
Memorandum
was filed
on
April27, 2012bythe State. DefendantStateBoard
of
Elections argues thatSection8-502(c)(2)hasbeen followed, withthecertification
of
Pre
sid
entObama.
The
AttorneyGeneralrepresenting
th
e
Sta
teDefendants arguesthat
wha
tissoughtby
Plaintiff
s,
TRACY
FAIR
(hereinafter"Ms.
Fair
")
andMARY
C.MI
LTENB
E
RGER
(hereinafter"·Ms.Miltenberger'·)isto
ha
vePresident
Obama
 
declared
not
to
be
anatural
born
citizen
of
the
United
St
ates
,
and
therefore,
may
not be
certified
in
accordance
with
that
section.
The
issue
of
Pre
siden
t
Obama's
birth certificate
and
whether
or
not
he
was born
in
th
e
United
States
hasbeen
floating
about
si
nce
his
first
electioncampaign,
and
has generated
prior
litigationincidental to
his
first election.
In
Ankeny
v.
Governor
of
Indiana,
Ind.App.
LEXIS
'
1
2436,
916 N.E.2d 678
(2009),the Court
of
Appeals
of
Indi
ana
dealt
at
length with a
general
,,
,j
I
I
.
:I
;i
.
j.
jl
i
i
I
l!
11
'I
I
challenge
to
the
Obama
candidacy;
and
in
a well
written
analysis,
that Court
tracedthe
history
of
the
concept
of
"natu
ral
born citizen"
applicable to
the Plaintiffs'
contentions. Basically,thePlaintiffs
argue
that
Pr
es
ident
Obama
doe
sn
ot
meet
thedefinition
of
natu
ralborn
cit
i
zen,because
his
parents
were
both
not
United
States
citizens
at
the
time
of
hisbirth.
It
is
furtherargued
th
athe
himself
may
nothave been
bornin
theUnited
States
and
therefore is
disqualified
Both prongs
of
the
argumentareaddressed by the
IndianaCourt
and
theappropriate portion
is
sta
ted
as
follows:
B.
Natura
l
Born
CitizenSecond,
the
Plainti
ffs
argue that
both
Pr
esidentBarack
Obama
and
Senator
JohnMcCain
arenot
"natmal born
Citizens"as
required
for qualification
to
bePresident
under
Art
icle
II,
Sect
i
on
L
Clause
4
9
ofthe
U.S
.Constitution, andthat
thereforebecause neither person
was
constitu
tiona
ll
y
eligible
to become
President,"[t]h
e
Governor
..
should
(have
been]
prohibited by
order
of
[the
trialcourt]...
fromissuing
any
cetiificate
of
ascerta
inment
,
or
any
other
certified
statem
ent. unde
rthe
State
Seal
of
the Stateof
Indiana
....
"Appellants'
Appendix
at
13.
Before addressing the
Plaintiffs'specific
argmnents,
wethink
it helpful topoint
out
the
contextin which
this
claim
arises.
Leading
up
to
the
2008
Presidential
Election
and
in
the
ensuing
monthsafter, a
number
of
lawsuits
were
filed
nationv
.
·i
de
challenging
both
Pr
esident
Barack
Obama
and
Senato
r
John
9
The
Plaintiff
s
cite
the
..
natural
born Citizen"
clause
as
Article
II,
Section
I,
Claus
e
5
ofthe
U.S.Constitution,
but
itis
properly
cited
as
ArticleII,
Section
I,
Clause
4.
See also
Ind.
Code
§
3
-8-1-6.
2
 
.,
I
I
I
"
McCain's
10
status as "n
atu
ralbornCiti
zens"
underArticle
II
of
the U.S.
Const
itution.See, e.g.
Berg
v.
Obama.
5
74
F.
Supp.2d509
(E.D.Pa.2008); Ho
ll
ande
r
v.
Yl
cCai
n,
566
F.
Supp.
2d
63
(0.1\:.H.
200
8)
;
Cohen
v.
Obama
,No.
0 8
-~
1
50,2
008
U.S.
Di
s
t.
LEX
IS 10001I,
200
8
WL
51
91864
(D.D.C.
De
c.Il,
2008),
af
f
dty
332Fed.Appx.640.
2009
U.S.App.
LEX
IS
20
139,
2009
WL
2870668
(D.C. Ci
r.
Sept. 8,
~ 0 0 9 )
:
Wrotnowskiv.B
ys
iewi
cz
.
289
Co
nn.522.
958
A.2d
709(Co
nn.2008).
As
to
Pre
sident
Obama
's status,the
most
common
argument
hasbeen
wa
ged
by
memb
ers of theso-
ca
ll
ed
"birther"
movem
e
nt
whosug
ges
t that the President
\\
·asnot bo
rn
in theUnitedStates;th
eysuppor
ttheirargument
by
pointing
to "the
Pr
es
ident's allegedrefusaltodisclose publicly
an
'officialbirth
ce
rtificat
e'
that is
sa
tisfactoryto
[the
birth
ers
]."
Rh
odes
v.
MacDonald.
o.4:
09
-
CV
-106,
2009
U.S.Dist.LEX IS
84
743.
2009WL
2
997
60
5.a
t*
I(M.D.Ga.Sept.16,
2009).recon
sid
erat
iondeniedy
2009
U.S.Dist.
LEXIS 85485,
2009WL
311
18
34
(M.D
.Ga. Sept.18,
200
9)The
Plaintiff
sin theinstantcasemakea differentl
ega
l
argument
basedstrictly on constituti
ona
l interpretatio
n.
Specifica
ll
y,the
crux
o
fthe
Plaintiffs'argument isthat"[c
]on
tr
ary
tothethinking
of
m
os
t P
eo
ple
on
thesubject,there's a very
clear distinction between
a'citi
zen
of
the UnitedStates'
and
a 'natural
born
Citizen.'
and
the
difference
in
vo
l
veshaving
[two)
parents
of
U.S.citizenship.
ow
ingnoforeign a
ll
eg
iance."
Appe
ll
ants'
Brie
fat23.Withr
ega
rdtoPresident Barack
Obamn
,thePlaintiffsp
os
it
th
atbecausehisfa
therwa
saciti
ze
n
of
th
eUnited
Kingdom
.Pr
eside
nt
Obama
isconstitutionallyine
li
gible
to
assumethe
Office
of
the
Presiden
t.
The
bases
of
thePlaintiffs'
arg
ument
s
come
f
rom
such
so
urces as
FactCheck.or
g.
The
R
ocky
Mountain
News
,
an eigh
t
eenth
century
treati
se
byE
mm
e
ri
chde
Vatte
ltitl
ed
"The
Law
ofNa
tion
s."
and
var
i
ous
cita
tion
stonineteenth
cent
ur
y
congressiona
ld
eba
te.
11
For
the re
aso
ns stat
ed
below, we holdt
hat
the
Plaintif
fs' arg
ument
s
fa
iltoslatea
claim up
on
which
r
elief
can be
gr
an
ted, andthatthereforethe trial
cour
t
did
not
en
in
dismis
sing thePlaintiffs'
10
The
Unit
ed
StatesSenat
epas
se
da resolution
on
April30, 2
008
whi
chexplicitly
recogn
ized SenatorJ
ohn
Mc
Ca
in
as
a naturalborn citizen.S.J.Res. 5
11
,I
lOth
Cong
.(2008).Also,the
supposed
authoritycited bythePlaintiffsto suppon their
claim
as
tothemeaning
of
Article
II
,Section 1, Cl
ause
4
of
theU.S.Constitution
doe
snot
sup
pon the
argument
thatJohn McCain isn
or
a natural born citizen.
Plaintiff
s stare intheirbriefthat the differ
ence
between being
a··cit
iz
en
of
theUnitedStates"
and
·'a
naturalborn
Citizen"
·'involves having[two]parents
of
U.S.Citizenship,
owingno
foreign allegiance."
Appellant's
Brief
at
23.
Th
eplaintiffsthen
conce
de thatJohnMcCain...qualifie[s]
as
a·citizen
oft
heUnited
States,'by
being
born
of[two]
parents
who
werein
tum
·citizens
of
the UnitedState
s,'
by
beingbom
of[rwo]
parents
who
w
ere
in
rum
'citizens
ofthe
UnitedStates,'
and
owed
no
foreign alle
gia
nce
....
·
ld.Their
brief
continuesthat"Jolm McCainwas born
's
ubject to
th
ejurisdiction'
of
theUnited States, buthe wasnot born in
one
of
the
50
States
of
the Union
under
ArticleIV
ofthe
Co
nstitution,andthus
...
was nota
'nat
uralborn Citizen
...
:· Id.At23-24.Plaintiffs
do
not
cite
to
any
authority
or
develop
and
cogentlegal
argument
f
or
thepropositi
on
thataperson must actually be
bom
within one
ofthe
fitlyStatesin
order
to
qua
lify
as
anatural
born
citizen,
and
wethereforedo notaddress
Pl
aintiffs
ar
gum
ent
as
it
relatesto SenatorMcCain.SeeLoomis,
764
N .E.
2dat668
.
11
Plain
ti
ffs
do
notprovidepinpointcitationstothe
co
ngressional
debate
quotationstowhichthey cit
e.
3

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