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Liberty Legal Foundation v. National Democratic Party of the U.S.A.: Dismissed

US District Court Judge S. Thomas Anderson ordered the case of Liberty Legal Foundation et al. v. National Democratic Party of the U.S.A, et al. dismissed this past Wednesday.

LLF attempted to keep Barack Obama off the November ballot in Tennessee because, they allege, he was not  a “natural born citizen.” The Defense moved for dismissal on several grounds.

The Court, as did I, noted the curious fact that the certificate of write-in candidacy filed by plaintiff Dummett was dated very recently (and introduced in a filing of supplemental authority that the Court has rejected): Judge Anderson wrote:

[T]he exhibit is curiously dated the day after Defendants filed their reply, giving the appearance that the certificate is a device to cure whatever standing problems Plaintiffs may have.

While it may be that opposition candidates have standing to contest the other candidates based on eligibility, the Court found that the Complaint failed to show that the two purported candidates were actually vying for votes in contest with Obama. Judge Anderson wrote:

Neither Plaintiff has alleged that he is a Tennessee political party’s nominee for the office, that his name will appear on the ballot for Tennessee’s general election in November, that he is campaigning in the state of Tennessee, that any registered voter in Tennessee intends to cast a vote for him, or that President Obama’s presence on the ballot will in any way injure either candidate’s campaign.39 In short, Plaintiffs Dummet (sic) and Volodarsky have not alleged that he is truly in competition with  President Obama for votes in Tennessee’s general election.

The Court also ruled that the other defendants lacked standing as well.

A twin lawsuit is filed in Arizona.

Read the decision below:

TN (WDTN) – LLF – 2012-06-21 – Memorandum & ORDER DISMISSING CASE

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17 Responses to Liberty Legal Foundation v. National Democratic Party of the U.S.A.: Dismissed

  1. avatar
    GeorgetownJD June 22, 2012 at 1:51 pm #

    That’s 0 for 2 for Dumb and Dumber. I hope LLF got its fees and costs from Dummett up front. Clients tend to balk at paying the invoice after their cases have been tossed.

  2. avatar
    bgansel9 June 22, 2012 at 2:10 pm #

    “[T]he exhibit is curiously dated the day after Defendants filed their reply, giving the appearance that the certificate is a device to cure whatever standing problems Plaintiffs may have.”

    Again we’re going to hear that this case wasn’t decided on the merits… yet the merits were decided. The document was inappropriately dated and used as a tool to fool the judge. The plaintiff is a liar. Not only did he/they not have standing, he/they tried to create standing out of thin air and were caught.

  3. avatar
    donna June 22, 2012 at 2:12 pm #

    i didn’t know where to put this one doc

    i guess cody’s quote of something “historic” on july 1st was wrong

    QUELLE SURPRISE

    GA – Judy v Obama – Supreme Court – Dismissed

    http://nativeborncitizen.wordpress.com/2012/06/22/ga-judy-v-obama-supreme-court-dismissed/

  4. avatar
    JPotter June 22, 2012 at 2:31 pm #

    GeorgetownJD: That’s 0 for 2 for Dumb and Dumber. I hope LLF got its fees and costs from Dummett up front. Clients tend to balk at paying the invoice after their cases have been tossed.

    I should think any lawyer who’s approached with a frivolous suit would demand money up front …. after advising prospective client that they’re wasting their time.

    Any parasite lawyer that drums up proxy “clients” with whom to file meritless suits (Orly)without collecting fees upfront must have failed Applied Confidence Game Theory 101.

    Anyone filing frivolous suits without a sucker to bleed (i.e., in their own name (Collette)) needs a better hobby!

  5. avatar
    Thinker June 22, 2012 at 2:50 pm #

    Dummett has said on his Facebook page that Irion contacted him originally about this lawsuit. Dummett also said that he was not paying Irion anything. Irion apparently got the idea for the lawsuit and went trolling for “presidential candidates” who he thought would have standing to challenge Obama.

  6. avatar
    BillTheCat June 22, 2012 at 2:51 pm #

    Another Fail Friday for the birther set!

    What is that – 134 to 0 now?

  7. avatar
    Rickey June 22, 2012 at 3:12 pm #

    Another birther lawsuit shot down by a judge who was appointed by George W. Bush.

    Two months ago WND was claiming that Judge Anderson “wanted” a definition or NBC to be ruled upon. Typical birther distortion of a judge’s ruling.

    http://www.wnd.com/2012/04/judge-wants-definition-of-natural-born-citizen/

  8. avatar
    MN-Skeptic June 22, 2012 at 3:14 pm #

    As you state: “A twin lawsuit is filed in Arizona.” Realist, over at Fogbow, has posted a Second Notice of Supplemental Authority filed by the DNC with Arizona, notifying Arizona of the decision by Tennessee – http://www.scribd.com/doc/97859366/AZ-LLF-2012-06-21-DNC-Second-Notice-of-Supplemental-Authority-i. Notice that the Arizona filing was on the same day that Tennessee issued their decision. 🙂

  9. avatar
    Chef June 22, 2012 at 5:08 pm #

    Where’s the conspiracies already?

    Meanwhile, all hail the gift-grubber:

    http://www.barackobama.com/news/entry/the-obama-event-registry?utm_source=twitterfeed&utm_medium=twitter

  10. avatar
    G June 22, 2012 at 5:37 pm #

    In other words, what political strategists would consider a clever and innovative donation strategy…

    Chef:
    Where’s the conspiracies already?

    Meanwhile, all hail the gift-grubber:

    http://www.barackobama.com/news/entry/the-obama-event-registry?utm_source=twitterfeed&utm_medium=twitter

  11. avatar
    JPotter June 22, 2012 at 5:57 pm #

    Chef: Where’s the conspiracies already?Meanwhile, all hail the gift-grubber:http://www.barackobama.com/news/entry/the-obama-event-registry?utm_source=twitterfeed&utm_medium=twitter

    Way to publicize, Chef! Register any events yet?

  12. avatar
    JPotter June 22, 2012 at 6:10 pm #

    Chef: Where’s the conspiracies already?

    Here’s one man attempting to buy the election:

    http://www.forbes.com/sites/stevenbertoni/2012/06/13/exclusive-adelsons-pro-romney-donations-will-be-limitless-could-top-100m/

    His voice outweighs yours, by sevefral orders of magnitude. Are you OK with that?

  13. avatar
    richCares June 22, 2012 at 6:24 pm #

    Another one bites the dust!
    BirfirStanis need dust filers, constantly biting dust is hazardous to your heath, I have dust biting fiters at $1.00 each or 12 for $18.00. Place your orders at http://www.birthersFilters.kom

  14. avatar
    Thrifty June 22, 2012 at 6:58 pm #

    I know that it costs money to win an election, particularly a presidential one. I remember when the 2000 campaign of George W. Bush raised 100 million, which was considered a big deal at the time. And that was only 12 years ago.

    Often when I see some staggeringly high dollar value being spent on an election–by any side–I start to think about how much that could do for the poorest Americans.

    JPotter: Here’s one man attempting to buy the election:

    http://www.forbes.com/sites/stevenbertoni/2012/06/13/exclusive-adelsons-pro-romney-donations-will-be-limitless-could-top-100m/

    His voice outweighs yours, by sevefral orders of magnitude. Are you OK with that?

  15. avatar
    donna June 22, 2012 at 7:11 pm #

    “I know that it costs money to win an election, particularly a presidential one.”

    I see no reason for all of this money

    candidates have 24/7/365 FREE hot air time on tv, radio, print media and the internet

    there is no reason for all of this money ….. it’s disgusting

    if voters don’t know about the candidates with all of the access, they don’t want to know

    after the 08 election, a voter was asked for whom she voted and she proudly as a peacock said mccain YET she couldn’t identify him in a photo

    large auditoriums could rent out their seats to voters for a nominal fee and presidential candidates can speak to thousands all over the country at the same time via a live feed

    all of this is DISGUSTING

    what will adelson EXPECT in return for china and israel for $100 MILLION?

  16. avatar
    bgansel9 June 22, 2012 at 8:09 pm #

    donna: candidates have 24/7/365 FREE hot air time on tv, radio, print media and the internet

    there is no reason for all of this money ….. it’s disgusting

    I agree.

  17. avatar
    G June 22, 2012 at 8:41 pm #

    Same here. It truly is sad to see how much money is needed and channeled into political propaganda and advertising… Definitely a sign of how broken and abused our system has become…

    bgansel9: I agree.