I’ve had a few days to think about the transcript from the October 5, 2009, hearing in Barnett v. Obama. I am not the first to try to figure out where Judge David O. Carter is leaning based on his comments during the hearing.
The bulk of the Judge’s questions related to two issues: the standing of the plaintiffs and the political process for removing a president. It seems to me that these two questions focus on the criteria under which Judge Carter may dismiss the case.
Judge Carter seems to be concerned with the question: if the plaintiffs are right that President Obama is not eligible, what is the mechanism under the Constitution through which their complaint is redressed? In his view, there most be some avenue for a citizen to seek redress for a legitimate complaint. (more…)





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