It never stops: Wash state statute grants citizens standing to challenge Obama birth
(sigh) Well, it appears that a state law in Washington, gets past one of the problems people have had in suing Barack Obama to prove he is a natural-born citizen. Several courts have already stated that ordinary citizens can't sue him, since they have not been directly harmed by his not being eligible for the Presidency (if he's not).
But Washington apparently has a well-tested state law that says otherwise, at least for Washington state citizens.
It never stops, folks.....
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http://wnd.com/index.php?fa=PAGE.view&pageId=84966
Eligibility case finds 'standing'?
New suit claims unique state law enables citizens to demand proof
Posted: December 30, 2008
9:54 pm Eastern
By Drew Zahn
A new case challenging Barack Obama's natural-born citizenship and, therefore, constitutional eligibility to serve as president has the potential to clear a hurdle that caused several other similar cases' dismissal: the issue of "standing."
In the case brought by Pennsylvania Democrat Philip Berg, for example, a federal judge ruled against the lawsuit in deciding Berg lacked the "standing" to sue, arguing that the election of Obama wouldn't cause the plaintiff specific, personal injury.
In Washington state's Broe v. Reed case, however, plaintiff's attorney Stephen Pidgeon says a unique state statute grants everyday citizens the required standing.
"These lawsuits have pointed their fingers at the various secretaries of state and said, 'You handle the elections, it's your job [to verify Obama's eligibility],'" Stephen Pidgeon told WND, "and the secretaries of state have said, 'No, it's not our job. You the voter have to prove he was ineligible.' But when the voters try to do it, the courts tell them they have no standing. So it presents a catch-22.
"Here, we have standing by means of statute," Pidgeon continued. "This particular statute provides for any registered voter to challenge the election of a candidate if the candidate at the time of the election was ineligible to hold office."
Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 200,000 others and sign up now!
Further, Pidgeon explained, "In Washington we also have a constitutional clause in Article 1 that says the U.S. Constitution is the supreme law of land, so it's very much a state issue that the secretary of state has a duty to enforce the U.S. Constitution.
"He doesn't think he does; we think he does. That's really the issue before the court," Pidgeon said.
Washington's secretary of state, Mr. Sam Reed, has opposed the lawsuit, brought by a group of 12 registered Washington voters with Pidgeon's representation, on several grounds, including the argument that the issue is moot now that Obama has been voted upon by the people.
Pidgeon argues, however, that even if Obama remains in office two years from now, the issue will not be moot.
"The Constitution's criteria for president are never moot," Pidgeon explained. "Article 2, Section 1 says 'eligible to the Office of President'; it doesn't say 'eligible for candidacy to the Office of President."
Therefore, Pidgeon argues, the Constitution's natural-born citizen clause specifically and expressly addresses the man sitting in the Oval Office, not just the main elected and waiting to get in.
"If, at any time during his tenure, a birth certificate actually surfaces showing [Obama] born in Kenya," Pidgeon said, "he is disqualified from the presidency at any time. And the constitutional crisis that is rising out of this – the longer he's in that office, the greater the problem becomes, because everything he does will be illegal."
The Washington Supreme Court is set to hear Broe v. Reed on Jan. 8, but the entire case may be delayed intentionally, as the plaintiffs wait to see if the court will rule first on a requested subpoena of Obama's birth certificate from Hawaii.
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Originally Posted by Yurt
