Court not willing to tilt windmills with Orly Taitz

Orly Taitz (not standing)

It’s a bad day for Orly Taitz. First she wins the Obama Conspiracy Theories Pulitzer Putz Award for the most idiotic birther web site and now her latest case has been thrown out of court. Orly Taitz put great emphasis that she was the “last attorney standing.” No more.

Taitz v. Obama was Orly’s attempt to unseat Obama through a shotgun of a complaint: quo warranto, FOIA, False Claims, restriction of commerce, writ of mandamus and somebody messing with her car action in the District of Columbia. The court described her complaint using technical language: “an unadorned the-defendant-unlawfully-harmed-me” complaint (lacking the particulars necessary to have standing).  Quo warranto must be filed in DC, where the statute allows someone to file suit regarding the legitimacy of a federal office holder, should the Attorney General or US Attorney decline. However the courts have ruled that private individuals may never file under that statute because only the Attorney General or the US Attorney (who represent the broad interests of the people can address a concern of the public in general). Individuals lack standing to bring lawsuits on behalf of the public in general.

I think Orly passed the first hurdle: Attorney General Eric Holder ignored her and I guess that qualifies as declining. However Chief Judge of the US District Court Royce C Lambert was not going to let her get any further. He wrote:

This is one of several suite filed by Ms. Taitz in quixotic attempt to prove that President Obama is not a natural born citizen as required by  Constitution. See U.S. Const. art II, § 1. This court is not willing to go tilting windmills with her.

Judge Lambert’s decision was that his court lacked jurisdiction to hear the case. It was a well-documented opinion, perhaps written with an appeals court in mind. I think Lambert gave it more ink than it deserved.

TAITZ v OBAMA (QW) – 23 – MEMORANDUM OPINION – dcd-04502943496.23.0 by Jack Ryan

That’s OK. We still tilt with the birthers here.

About Dr. Conspiracy

I'm not a real doctor, but I have a master's degree.
This entry was posted in Lawsuits, Orly Taitz and tagged . Bookmark the permalink.

19 Responses to Court not willing to tilt windmills with Orly Taitz

  1. Black Lion says:

    Nice recap from Terrible tom over at Politijab…

    Orly v Obama – Quo Warranto
    by TerribleTom Fri Apr 16, 2010 2:30 pm

    A general observation:

    How many times have we heard Orly screech and whine about how none of her claims were decided on the merits? Well, in this case, quite a few of them were decided on the merits, not merely for standing.

    Although Quo Warranto was decided on statutory standing and a few of the other claims were dismissed as generalized grievances (standing), many of her claims (e.g., common law fraud, mandamus, RICO and the Section 1983 & 1985 claims) were dismissed for failure to state a cause of action upon which relief may be granted. These 12(b)(6) dismissals are considered to be decisions on the merits, not standing.

    Yoo hoo! Hey, Orly. You just had at least five of your silly claims decided on the merits and deep-sixed because you couldn’t bring a meritorious case in Judge Judy’s court, much less a real federal court.

    Oh yeah, I forgot about the Qui Tam and FOIA claims. These were dismissed for failure to understand and follow the rules. Pure and simple. (Yeah, I know. De minimus.)

    Have a nice life.TerribleTom

    And the best quote from the ruling…

    “Ironically enough, Ms. Taitz could never establish such an injury because — as far as the Court is aware — she was not elected president nor could she be because she is not a natural born citizen herself.”

  2. Black Lion says:

    And the line of the day from the freepers…

    To: browardchad
    “No it’s abolutely clear that Taitz is an incompetent attorney.”

    She’s unquestionably an incompetent attorney. But all the other eligibility attorneys have gotten similar results, so maybe they’re all incompetent … which kinda makes you wonder why no competent attorneys would touch these cases.

    20 posted on Friday, April 16, 2010 3:57:53 PM by BigGuy22

  3. richCares says:

    ding dong the witch is dead. the wicked witch meets her waterloo.

  4. Scientist says:

    Since all of the others with visions of quo warranto dancing in their heads (Apuzzo, Donofrio) now know their fate, this truly marks the end of the court era (more like moot court) of birferdom. Expect them to shift to Congress, where courageous Republican warriors like disgraced former Rep Nathan Deal will lead the charge (yeah, right). The fat lady has not only sung her aria, she has changed into street clothes and is in the taxi home.

  5. Rickey says:

    which kinda makes you wonder why no competent attorneys would touch these cases.

    Ha, I believe that we first raised that question more than a year ago!

  6. Rickey says:

    Oh yeah, I forgot about the Qui Tam and FOIA claims. These were dismissed for failure to understand and follow the rules. Pure and simple. (Yeah, I know. De minimus.)

    Amusingly, Orly got all hot and bothered the other day because Judge Lamberth dismissed Obama’s original Motion to Dismiss as moot. She thought that meant that her case was going forward, because she didn’t realize that it was dismissed only because it was a response to her original Complaint. She filed a first Amended Complaint, so Obama’s lawyers filed a new Motion to Dismiss the amended complaint. In other words, it was the filing of her first Amended Complaint which caused the original Motion to Dismiss to be moot.

    Now, of course, Judge Lamberth has granted the Motion to Dismiss the first Amended Complaint.

    Have a good weekend, Orly!

  7. Saint James says:

    Oh no! Please don’t let Orly stop! What fun will there be without Orly? I don’t think anyone will write about her when she’s committed to a mental asylum!

  8. misha says:

    “when she’s committed to a mental asylum”

    She’s running the place.

  9. Mary Brown says:

    Very funny and true.

  10. Rickey says:

    As of this moment, WND has reported nothing about the dismissal.

  11. thisoldhippie says:

    Neither has Orly!

  12. G says:

    Glad to see the ruling finally come in. Nothing surprising in the results here, but it is always amusing to read the Judge’s opinion and slap-down of these crazy suits.

    The only disappointment is that so far, this hasn’t resulted in any further sanctions for Orly.

  13. Lupin says:

    I’m unfamiliar with your procedures, but am I correct in assuming that this is (or will be) another strong nail in the coffin of Meretricious Mario’s legal case as well?

  14. Saint James says:

    “Orly doesn’t have standing to bring a quo warranto action challenging a public official’s right to hold office”…



  15. MsDaisy says:

    I’m looking forward to the tripe she’ll spew in her “Motion for Reconsideration” which I have no doubt she’s probably working on right now. If we’re lucky she’ll have a really bad case of PMS when she fires it off, that’ll really enhance the insanity and elevate the hilarity!

  16. Reality Check says:

    For the record the birthers are now 0 for 67, repeat 0 for 67. The only case remaining in the original court of jurisdiction is Jones v Obama in the Central District of California.

  17. Kathryn N says:

    Is that the woman who claimed that Obama was making plane fly over her house?

  18. Estiveo says:

    I’m amazed (or not) that Orly is STILL ignoring this on all her pages and sites. Birther Queen of Denial.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.