In a ruling issued earlier today Georgia judge Michael M. Malihi denied a the motion to dismiss a ballot challenge from from a collection of Georgia voters. Farrar v Obama will proceed. Malihi found the arguments presented by Obama counsel Michael Jablonski insufficient. According to Judge Malihi, Georgia residents have the legal right to challenge the eligibility of candidates that appear on the Georgia presidential preference ballot, citing Georgia Code Section 21-2-5(b) “which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying”.
Early comments from Birther sources indicate that they are ecstatic over this ruling and the hope that it brings for them to finally have their day in court. Orly Taitz, one of the attorneys in the case, is “ready to cry.” For three years birther attorneys have been doing the wrong thing. Now that they have done the right thing, it appears that they will have their day in court. I personally hope things move along quickly.
It has been my opinion that exactly this sort of case (a ballot access challenge in the primary season) was the most likely avenue for judicial review of birther claims. This is in line with the paper written by Charles Gordon discussed on this site before.