After two hours of hearing from plaintiffs challenging Barack Obama’s eligibility to run for the office of President in 2012, Judge Michael Malihi for the Office of State Administrative Hearings for the State of Georgia asked them to file briefs with him on their positions no later than Sunday, February 5. The complaints originated on October 25 of last year with a lawsuit filed by the Liberty Legal Foundation (LLF) requesting an injunction against the Democratic Party that would prohibit the party from certifying that Obama is constitutionally qualified to run for office in 2012. Without that certification, says the foundation, Obama’s name would not appear on any ballot in the general election. The case has nothing to do with Obama’s birth certificate or his place of birth or how many Social Security numbers he may have. As noted by LLF,
These issues are completely irrelevant to our argument. [Our] lawsuit simply points out that the Supreme Court has defined “natural-born citizen” as a person born to two parents who were both U.S. citizens at the time of the natural-born citizen’s birth. Obama’s father was never a U.S. citizen. Therefore, Obama can never be a natural-born citizen. His place of birth is irrelevant.
Article II, Section 1, of the U.S. Constitution reads, in part: “No person except a natural born citizen…shall be eligible to the office of President.” Since the only entity responsible for vetting a candidate’s qualifications to hold office is the political party that nominates the candidate, LLF chose to sue the Democratic Party and thus “we…avoid taking on any state or federal government.” And Georgia has a state law that requires that “every candidate for federal office shall meet the constitutional and statutory qualifications for holding the office being sought.” The Supreme Court’s 1875 Minor v. Happersett ruling stated: