Mario Apuzzo wrote on his blog
I think the people were well served by the dismissal of this crank lawsuit. I replied:
I appreciate Mr. Apuzzo’s comments on what the Hollister decision is, and what it is not. No court has said that Barack Obama is or is not constitutionally eligible to be president.
However, I think that the courts have said something through all of these dismissals that is being lost. What they are saying at the local, state and federal level is:
“You should not be bringing these lawsuits.”
There was a time for lawsuits. Any delegate to the Democratic Convention could have sued Nancy Pelosi over her certifying the eligibility of Barack Obama as the candidate of the party, which she did certify on documents provided to the states. Such a delegate would have had standing, and a legitimate cause of action. But no such suit was filed.
Then there was an election. Those who doubted Barack Obama’s eligibility brought their case to the voters. An Ohio State University poll showed that 59% of voters were aware of the Obama eligibility question immediately following the election. The voters (and presumably the McCain campaign too) were not convinced by the merits of the evidence.
The people petitioned Congress to investigate the eligibility question before certifying the election. Just one Senator and one House member was all it took. According to some sources over 200,000 people signed a petition to Congress. Congress was unimpressed with the merits of the evidence.
With all the legitimate and legally proper avenues exhausted lawsuit after lawsuit are being filed and all of these are (according to the courts) not legitimate and not proper.
The problem is not with the courts. The Democratic Party, the voters and the Congress did all the investigating they thought warranted by the evidence and judged it wanting.
Obama opponents did not apply to the courts when they had the chance. They were unsuccessful in convincing the voters. They were unsuccessful in convincing Congress. In a constitutional republic like ours, that means you lost fair and square.
The courts are just following the law and the precedents. They are saying that you shouldn’t be bringing all these lawsuits and I for one agree with them.