Obama Citizenship

Eligibility Update: Martin v. Lingle Moving Forward; Dr. Taitz? SCOTUS Documents

By Phil

Andy Martin, Plaintiff pro se in Martin v. Lingle, reports that his case is moving forward:

Hawai?i appeal on Obama?s missing 1961 typewritten birth certificate is proceeding.

Intermediate Court of Appeals sets briefing schedule: Andy Martin?s brief due May 24th. ?We will be on time,? says Andy.

No. 29643

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI?I …

First Circuit Court
Civil No. 08-1-2147
Hon. Bert I Ayabe
Appeal from the Order Denying Motion for reconsideration of the Court?s order of November 19, 2008

Also, a blog from The Spokesman-Review seems to know the status of the documents that Dr. Taitz handed to Chief Justice John Roberts in Idaho:

Reader John W. Snyder Jr. wrote recently to find out whatever happened to the documents Chief Justice John Roberts got down in Moscow, Idaho, on President Obama?s birth certificates. (If that made you say ?Huh??Catch up at this link.)

Here?s the update:

Copies of Dr. Orly Taitz?s documents were forwarded to the Supreme Court clerk?s office, but were sent back because they weren?t in a form the court could accept, a spokeswoman for the court said. The court suggested they be resubmitted in a form that could be accepted.

Dr. Taitz confirmed Wednesday she got the documents, and the letter from the clerk. She takes some issue with what the court is suggesting. . .

? It?s a bit of a complicated legal argument, but to boiled down, it goes like this:

She wants to file the case Quo Warranto, which would mean that Obama would have the burden of proof to show that he was born in the United States. The court is suggesting she file either for a writ of mandamus or for a writ of certiorari, which would put the burden of proof on her and her clients to prove that he wasn?t. She said quo warranto cases are usually filed by government entities, so she?s trying to get the U.S. attorney general?s office or various state attorney general?s offices to file that type of case. In the mean time, she expect to file for ?cert? this week.

One of the state?s where she?s seeking the assistance of the state attorney general is Washington. Doesn?t sound like she?s going to get it, however. 

 

If I were to recommend anything to Dr. Taitz, it would be this: If you are going to file a case quo warranto, then get the advice of anyone who has either done it before or who knows the theory — the rules — of doing such. Simply handing a document over to an officer of the Supreme Court (in this case, the Chief Justice) doesn’t guarantee anything except that you’ve handed paperwork to somebody. Nothing official can actually come of it unless it follows established protocol.

While activism is good and one should pursue every available avenue to correct a perceived wrong, in order to be effective, it must be correctly focused. Otherwise, one is wasting their time and energy and will get nowhere.

-Phil

Full post as published by The Right Side of Life on April 23, 2009 (boomark / email).