This article is in my “only hope” series:
- OBSC, you’re our only hope
- Help us Vladimir Putin: You’re our only hope
- Birthers: Larry Klayman, you’re our only hope
Yes, once again a birther puts forward a vain hope to dislodge the President through legal action, this time in the person of Montgomery Blair Sibley. The occasion is the rejection of his appeal to the United States Court of Appeals for the District of Columbia in his case Sibley v. Obama. The Court declined to delve into the matter Sibley raised, saying as so many courts before have said (going all the way back to Phil Berg’s 2008 case), the birther lacks standing, and in this case: Sibley’s “‘self declaration as a write-in candidate’ does not confer Article III standing….”
The inference drawn by Sibley is that Mitt Romney, who was in every sense a real candidate with a specific personal stake in the outcome of the 2012 election, does have standing. So Sibley has issued a public letter to Mitt Romney (which saves him the 46 cents for a postage stamp I guess), putting forward various conspiracy theories about Barack Obama, saying that the federal judiciary has failed in their duty, and asking for a 30 minute interview with Romney in which to present his case. (I thought folks were only allotted 15 minutes of fame.)
There are several problems with Sibley’s scenario. Individual harm from the outcome of the election does not alone confer standing on a candidate; a further requirement is that the court have the power to redress the alleged wrong and no court has the power to remove the President; only the Congress may do that. Romney has more sense than to get involved with birther nuttery anyway and finally, Obama is eligible in the first place, something that is well established, fully certified, and plainly obvious to everyone except the birthers.