(On Edit - ACK! Forgot to put the form tag in. No, I haven't gotten a case of Orlybloggitis.....)
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In the latest reports from Birtherstan, Mario Apuzzo appeals and Dr. Orly gets a "case dismissed" rock in her trick or treat bag, courtesy of Judge Carter. The Fantasy Tiddlywinks League has jumped on the military coup bandwagon, the Associated Press says "Nope, not our article, Bill O'Reilly gets on the bad side of the birtherstani, Stefan Cook has a new civilian job at Gitmo. James Manning goes over the top and says "If we let Obama live, America dies...", and Gary Kreep is less than thrilled by what Dr. Orly did to their case.
27 October - Sure enough, an appeal has been filed in Kerchner v Obama.
"Recently, the Hon. Jerome B. Simandle decided the Kerchner case, granting the defendants’ motion to dismiss the case. As I explained, through the dismissal, Judge Simandle avoided having to reach the merits of the question of whether Obama is an Article II “natural born Citizen” and eligible for the Office of President and Commander in Chief."
I suspect it was more he thought your theory was a complete load of hooey and dismissed it like the earlier birther cases.
"It is important to understand that the Court did not rule in the Kerchner case that Obama has conclusively proven that he was born in Hawaii."
They didn't need to, the State of Hawaii has confirmed it on several occasions.
"It is also important to understand that the Court did not rule that Obama is an Article II “natural born Citizen.”
They didn't need to, over 200 years of US law, case law, and court rulings have pretty much stated that a "Natural Born" citizen is a citizen at birth.
Did you bother reading Wong Kim Ark yet??
"A court cannot refuse to hear a case on the merits merely because it prefers not to due to grave social or political ramifications. "
No, but they can dismiss or reject based on the merits of the argument.\
"The case is now with the Third Circuit Court of Appeal in Philadelphia PA which court we hope will decide the real Kerchner case and thereby reverse the decision of the Federal District Court."
Isn't that the same court of appeal that Berg is appealing the first Berg v Obama case in?