Federal judge throws out lawsuit challenging Obama presidency

Oct. 29, 2009 | Susan Valot | KPCC

A federal judge in Santa Ana has thrown out a lawsuit that challenged President Obama's right to hold office. The judge delivered his ruling in a written decision today.

The case traces back to January. More than 40 people filed the lawsuit on the day President Obama took the oath of office. They claimed the president didn’t qualify because he wasn't born in the United States, even though hospital records from Hawaii show otherwise.

CA/Local News

U.S. District Court Judge David O. Carter says the courts aren't the proper place to challenge a presidency. Another judge recently made a similar ruling in Georgia.

Carter says the U.S. Constitution does not allow the court to remove a president from office. He wrote that for the court "to disregard the limits on its power put in place by the Constitution" would "effectively overthrow a sitting president who was popularly elected" by more than 69 million people. Carter ruled that he does not have the jurisdiction, and dismissed the case.

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