Main Menu

Court not willing to tilt windmills with Orly Taitz

Orly Taitz (not standing)

It’s a bad day for Orly Taitz. First she wins the Obama Conspiracy Theories Pulitzer Putz Award for the most idiotic birther web site and now her latest case has been thrown out of court. Orly Taitz put great emphasis that she was the “last attorney standing.” No more.

Taitz v. Obama was Orly’s attempt to unseat Obama through a shotgun of a complaint: quo warranto, FOIA, False Claims, restriction of commerce, writ of mandamus and somebody messing with her car action in the District of Columbia. The court described her complaint using technical language: “an unadorned the-defendant-unlawfully-harmed-me” complaint (lacking the particulars necessary to have standing).  Quo warranto must be filed in DC, where the statute allows someone to file suit regarding the legitimacy of a federal office holder, should the Attorney General or US Attorney decline. However the courts have ruled that private individuals may never file under that statute because only the Attorney General or the US Attorney (who represent the broad interests of the people can address a concern of the public in general). Individuals lack standing to bring lawsuits on behalf of the public in general.

I think Orly passed the first hurdle: Attorney General Eric Holder ignored her and I guess that qualifies as declining. However Chief Judge of the US District Court Royce C Lambert was not going to let her get any further. He wrote:

This is one of several suite filed by Ms. Taitz in quixotic attempt to prove that President Obama is not a natural born citizen as required by  Constitution. See U.S. Const. art II, § 1. This court is not willing to go tilting windmills with her.

Judge Lambert’s decision was that his court lacked jurisdiction to hear the case. It was a well-documented opinion, perhaps written with an appeals court in mind. I think Lambert gave it more ink than it deserved.

TAITZ v OBAMA (QW) – 23 – MEMORANDUM OPINION – dcd-04502943496.23.0 by Jack Ryan

That’s OK. We still tilt with the birthers here.

19 Responses to Court not willing to tilt windmills with Orly Taitz

  1. avatar
    Black Lion April 16, 2010 at 4:27 pm #

    Nice recap from Terrible tom over at Politijab…

    Orly v Obama – Quo Warranto
    by TerribleTom Fri Apr 16, 2010 2:30 pm

    A general observation:

    How many times have we heard Orly screech and whine about how none of her claims were decided on the merits? Well, in this case, quite a few of them were decided on the merits, not merely for standing.

    Although Quo Warranto was decided on statutory standing and a few of the other claims were dismissed as generalized grievances (standing), many of her claims (e.g., common law fraud, mandamus, RICO and the Section 1983 & 1985 claims) were dismissed for failure to state a cause of action upon which relief may be granted. These 12(b)(6) dismissals are considered to be decisions on the merits, not standing.

    Yoo hoo! Hey, Orly. You just had at least five of your silly claims decided on the merits and deep-sixed because you couldn’t bring a meritorious case in Judge Judy’s court, much less a real federal court.

    Oh yeah, I forgot about the Qui Tam and FOIA claims. These were dismissed for failure to understand and follow the rules. Pure and simple. (Yeah, I know. De minimus.)

    Have a nice life.TerribleTom

    And the best quote from the ruling…

    “Ironically enough, Ms. Taitz could never establish such an injury because — as far as the Court is aware — she was not elected president nor could she be because she is not a natural born citizen herself.”

  2. avatar
    Black Lion April 16, 2010 at 4:36 pm #

    And the line of the day from the freepers…

    To: browardchad
    “No it’s abolutely clear that Taitz is an incompetent attorney.”

    She’s unquestionably an incompetent attorney. But all the other eligibility attorneys have gotten similar results, so maybe they’re all incompetent … which kinda makes you wonder why no competent attorneys would touch these cases.

    20 posted on Friday, April 16, 2010 3:57:53 PM by BigGuy22

  3. avatar
    richCares April 16, 2010 at 4:49 pm #

    ding dong the witch is dead. the wicked witch meets her waterloo.

  4. avatar
    Scientist April 16, 2010 at 4:53 pm #

    Since all of the others with visions of quo warranto dancing in their heads (Apuzzo, Donofrio) now know their fate, this truly marks the end of the court era (more like moot court) of birferdom. Expect them to shift to Congress, where courageous Republican warriors like disgraced former Rep Nathan Deal will lead the charge (yeah, right). The fat lady has not only sung her aria, she has changed into street clothes and is in the taxi home.

  5. avatar
    Rickey April 16, 2010 at 4:53 pm #

    which kinda makes you wonder why no competent attorneys would touch these cases.

    Ha, I believe that we first raised that question more than a year ago!

  6. avatar
    Rickey April 16, 2010 at 5:19 pm #

    Oh yeah, I forgot about the Qui Tam and FOIA claims. These were dismissed for failure to understand and follow the rules. Pure and simple. (Yeah, I know. De minimus.)

    Amusingly, Orly got all hot and bothered the other day because Judge Lamberth dismissed Obama’s original Motion to Dismiss as moot. She thought that meant that her case was going forward, because she didn’t realize that it was dismissed only because it was a response to her original Complaint. She filed a first Amended Complaint, so Obama’s lawyers filed a new Motion to Dismiss the amended complaint. In other words, it was the filing of her first Amended Complaint which caused the original Motion to Dismiss to be moot.

    Now, of course, Judge Lamberth has granted the Motion to Dismiss the first Amended Complaint.

    Have a good weekend, Orly!

  7. avatar
    Saint James April 16, 2010 at 6:18 pm #

    Oh no! Please don’t let Orly stop! What fun will there be without Orly? I don’t think anyone will write about her when she’s committed to a mental asylum!

  8. avatar
    misha April 16, 2010 at 6:21 pm #


  9. avatar
    misha April 16, 2010 at 6:22 pm #

    “when she’s committed to a mental asylum”

    She’s running the place.

  10. avatar
    Mary Brown April 16, 2010 at 7:13 pm #

    Very funny and true.

  11. avatar
    Rickey April 16, 2010 at 7:57 pm #

    As of this moment, WND has reported nothing about the dismissal.

  12. avatar
    thisoldhippie April 16, 2010 at 9:23 pm #

    Neither has Orly!

  13. avatar
    G April 17, 2010 at 2:54 am #

    Glad to see the ruling finally come in. Nothing surprising in the results here, but it is always amusing to read the Judge’s opinion and slap-down of these crazy suits.

    The only disappointment is that so far, this hasn’t resulted in any further sanctions for Orly.

  14. avatar
    Lupin April 17, 2010 at 4:50 am #

    I’m unfamiliar with your procedures, but am I correct in assuming that this is (or will be) another strong nail in the coffin of Meretricious Mario’s legal case as well?

  15. avatar
    Saint James April 17, 2010 at 11:40 am #

    “Orly doesn’t have standing to bring a quo warranto action challenging a public official’s right to hold office”…



  16. avatar
    MsDaisy April 17, 2010 at 12:42 pm #

    I’m looking forward to the tripe she’ll spew in her “Motion for Reconsideration” which I have no doubt she’s probably working on right now. If we’re lucky she’ll have a really bad case of PMS when she fires it off, that’ll really enhance the insanity and elevate the hilarity!

  17. avatar
    Reality Check April 17, 2010 at 3:03 pm #

    For the record the birthers are now 0 for 67, repeat 0 for 67. The only case remaining in the original court of jurisdiction is Jones v Obama in the Central District of California.

  18. avatar
    Kathryn N April 17, 2010 at 4:32 pm #

    Is that the woman who claimed that Obama was making plane fly over her house?

  19. avatar
    Estiveo April 18, 2010 at 1:32 am #

    I’m amazed (or not) that Orly is STILL ignoring this on all her pages and sites. Birther Queen of Denial.