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Judge dismisses Obama birth certificate lawsuit

Judge dismisses Obama birth certificate lawsuit
Rules voters don’t have standing to ‘police’ constitutional requirements for president

By Drew Zahn
A lawsuit filed by Democratic attorney Philip Berg alleging that Sen. Barack Obama is ineligible to be president was dismissed by a federal judge yesterday on grounds that Berg lacks standing to bring the lawsuit.

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In a 34-page memorandum that accompanied the court order, the Hon.

R. Barclay Surrick concludes that ordinary citizens can’t sue to ensure

that a presidential candidate actually meets the constitutional

requirements of the office.

Surrick defers to Congress,

saying that the legislature could determine "that citizens, voters, or

party members should police the Constitution’s eligibility requirements

for the Presidency," but that it would take new laws to grant

individual citizens that ability.

"Until that time," Surrick says, "voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring."

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