Drake v Obama

Good Law
664 F.3d 774
United States Court of Appeals for the Ninth CircuitDecember 22, 201109-56827, 10-55084California5,055 words

Opinion

Opinion

Pregerson, J.

Plaintiffs-Appellants contend that Barack Obama is constitutionally ineligible to be President of the United States. United States District Court Judge David 0. Carter dismissed Plaintiffs’ constitutional claims, as well as their claims for declaratory and injunctive relief, for lack of standing. We affirm the dismissal for lack of standing, albeit on somewhat different reasoning than that of the District Court.

Plaintiffs additionally appeal the District Court’s dismissal of their quo warranto claims for improper venue; their Freedom of Information Act claims for failure to state a claim; and their Racketeer Influenced and Corrupt Organizations Act claims against defendants First Lady Michelle Obama, Secretary of State Hillary Clinton, Vice President Joe Biden, and former Secretary of Defense Robert Gates, for failure to state a claim. We affirm.

I.

Plaintiffs filed their lawsuit on January 20, 2009, the day Barack Obama was sworn in and took office as President of the United States. The Plaintiffs are active, inactive, or retired military personnel; state political representatives; private individuals, including federal taxpayers and at least one individual who…

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