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Birther plaintiffs say they didn’t get a Fair decision

Just as debunked conspiracy theories don’t die when logic dictates that they should, so birther conspiracy theory lawsuits don’t seem to end when the courts dismiss them. Case in point is Fair v. Walker in Maryland.

This case, the long caption of which is Tracy A. Fair and Mary C. Mitlenberger1 v. Robert Walker, Chairman of the Maryland State Board of Elections, et al. (President Obama is one of the defendants), is one of the leftover election lawsuits from 2012 that I wrote about in my article “Fair gets Obama hearing.” The issue raised was whether the Maryland General Assembly members should be removed from office for voting for something that removed the requirement that candidates swear they were eligible, that the law be changed back to what it was, and Obama be barred from the ballot in Maryland forever (plus some other stuff). The case was dismissed because it was filed later than the date on which the statute required candidates for the ballot to be certified. The original suit (based on a faulty knowledge of Maryland law) was filed in time, but the amended complaint was too late. The legal term is “laches,” a burden on a party because of delay.

Plaintiffs appealed to the Maryland Court of Appeals and lost; however, they have now filed for reconsideration, citing among other things, “new evidence.” One wonders how there could be “new evidence” about when primary ballots for the 2012 election had to be certified. The specific new evidence was attached to a motion for judicial notice linked below, which seems to consist of some old stuff (Vattel, etc.) This all seems to be something related to their original claim, which of course could not be heard because it was dismissed. In all fairness (no pun intended), they allege other reasons for reconsideration, and dump a very long list of cases. Plaintiffs stated at the outset that they couldn’t find a real lawyer to take their case. I would just offer one suggestion to pro se plaintiffs: do not start an argument with the words, I do not understand how….

To the best my knowledge, the decision of the Court of Special Appeals was not published.


1Added to Birthers A to Z list.

Palin – Wurzelbacher ticket in 2012?


The mainstream media has of late been needling Republican leadership about the birther issue. Since a recent poll now shows 51% of  likely Republican primary voters think Barack Obama was born outside the United States, I think the media are right to press the issue. Most recently Rep. Michele Bachmann (potential GOP presidential candidate) was interviewed on Good Morning America, where she gave a tepid endorsement of Obama’s birthplace saying to “take him at his word”, but changed the subject when pressed for a more definitive statement. We’ve seen similar unwillingness to confront the Republican fringe from House Speaker John Boehner in an interview last Sunday.


Republican leadership is in a rather awkward position right now. Party strategy over the years has led it to the point where most of  its voters hold a really crazy idea. They risk forfeiting their leadership position if they confront the crazy.

Has the intellectual capacity of the average GOP voter degraded to the point now where the next election could see Barack Obama and Joe Biden pitted against Sarah Palin and Joe the Plumber?