“John-What I find interesting is the prior judges ruling. “Lack of standing”:
Standing is founded “in concern about the proper–and properly limited–role of the courts in a democratic society. It had nothing to do with the evidence.”
Speaking as a lawyer, I can tell you that having a case dismissed based on lack of standing is akin to escaping based on the biggest technicality available. The merits of the case weren’t addressed in the least. In other words, the court in essence said, “We have no interest in determining whether Obama is or isn’t a natural born citizen because the plaintiff isn’t the person or entity who has the right to ask that question.”
Curiously, two suits were also brought against McCain for lack of citizenship eligibility. In McCain’s case however, at least one of the suits was dismissed based on lack of standing AND the merits. The judge examined the plaintiff’s argument and, as a matter of law, determined that McCain’s birth on a U.S. military base in the Panama Canal Zone did not affect his eligibility to be president. McCain has also produced his birth certificate.
That’s not the case with Obama. All efforts are being made to avoid producing his birth certificate, even if technicalities must be relied upon to avoid production. It’s odd, to say the least.
My concern is that this issue is not going to go away if Obama is elected. There is a growing faction in this country that is now aware of this story, and they are going to continue to push for the birth certificate to be released if their candidate of choice loses the election. They are going to make every attempt to discredit Obama. And as our economic and social fabric deteriorates, the hunt for a scapegoat will begin. The honeymoon with Obama will not last long in our current environment. He will be on the defensive. And so sooner or later the question is going to be raised: “If Berg or any average citizen does not have standing to bring this suit, then who does?”
One way or another, Obama will eventually have to confront this controversy. He won’t be able to avoid it with the “standing” defense forever. If the facts are in his favor, then he should dispel the controversy now. If the facts are not in his favor, then he is only delaying the inevitable and creating a potential constitutional crisis and a major embarrassment for Democrats. All in all, the way in which this has been handled seems quite irresponsible to me.
