The lawsuit of McInnish v. Chapman is the birther’s best hope these days.
Sometimes it can take a while to locate exactly what you want. Here are the briefs before the Alabama Supreme Court in McInnish v. Chapman. The issue is whether Alabama Secretary of State Chapman has a duty to verify the eligibility of candidates for President of the United States and whether the Alabama “Jurisdiction-stripping statute” precludes the courts from hearing the case.
- 3/26/2013 – Brief of the Appellants (oral arguments requested)
- 3/29/2013 – Order admitting Larry Klayman pro hac vice
- 4/10/2013 – Spencer Connerat1 amicus brief
- 4/23/2013 – Brief of Appellee Beth Chapman
- 4/23/2013 – Alabama Democratic Party (ADP) amicus brief
- 5/09/2013 – Lucas Smith amicus brief
- 5/13/2013 – Albert W. L. Moore, Jr., amicus brief
- 5/14/2013 – Appellants’ reply to Appellee’s brief
- 5/14/2013 – United States Justice Foundation (USJF) amicus brief
- 5/14/2013 – Affidavit of Michael Zullo
- 5/14/2013 – Appellants’ motion to strike ADP amicus brief
- 5/19/2013 – Alabama Republican Assembly (Zeigler2) amicus brief
- 5/20/2013 – ADP Response to motion to strike amicus brief
There is a long string of cases, going back to Donofrio v. Wells in 2008 where state courts have ruled that their secretaries of state do not have such a duty. Are the laws in Alabama different? Is the presence of birther sympathizers on the Alabama Supreme Court significant? We shall see.
The Alabama Supreme Court upheld the lower court decision. The Secretary of State had no obligation to investigate.
1Spencer Connerat brought eligibility suits against Barack Obama in Florida.
2Jim Zeigler, songwriter and Mobile attorney, is a graduate of the Jones School of Law. The Alabama Republican Assembly is a chapter of the National Federation of Republican Assemblies, who style themselves as the “Republican wing of the Republican Party.”