Tuesday, October 6, 2009

California Obama Eligibility Case

For those who haven't been updated, Judge Carter held his motion to dismiss hearing in the Santa Ana, California case of Obama's eligibility question. After more than 3 hours of argument, the good judge took the matter under advisement, said he will review them and make a decision at a later date.
From the blog sites tracking this case, the majority who observed the arguments believe that Judge Carter was intending to dismiss until the plaintiffs lawyers made "impassioned" pleas to allow the case to go forward. After the lawyers made their pleas, the judge chose to defer his decision until after he had the time to review the cited cases.
It again seems that the case is revolving around standing. The main argument from the justice department lawyers is that the court in California does not have standing for a "quo warrento" case which should more appropriately be heard in the District of Columbia which hears constitutional issues.
The judge will review the arguments and make his ruling at an unspecified time in the future. I find it interesting that he made the statement to the lawyers for both sides that he expected an appeal regardless of his decision and that they should begin preparing their arguments.
I will also note that the judge discussed scheduling for the case to proceed and in doing so, continued his stay on the motion for discovery until such time as he makes his final ruling.

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