You almost have to admire the birthers for one thing: They sure don’t give up easily. They continue their impersonation of the black knight from Monty Python and the Holy Grail — “It’s just a flesh wound!” — with yet another attempt to get the Supreme Court to hear a case they’ve turned down many times before. “Obama Eligibility Case lives!” declares the headline.
The question of Barack Obama’s eligibility to occupy the Oval Office under the Constitution’s “natural born” citizen requirement is once again being appealed to the U.S. Supreme Court, which has refused to hear a number of previous cases.
Judges have ruled Obama’s eligibility is a political question that is not for the courts to decide. They have argued the plaintiffs didn’t have “standing,” the requirement that they have sustained or will sustain direct injury or harm that can be redressed by a court.
Now, however, a plaintiff has surfaced who claims he has suffered a specific and individual injury – the $90 he is seeking to have returned by the U.S. Patent and Trademark Office.
The president’s eligibility is being questioned in a friend-of-the-court brief submitted to the U.S. Supreme Court by the constitutional experts at William J. Olson, P.C. and the United States Justice Foundation.
They are asking the high court to take up the case of Christopher John Rudy, a registered patent attorney who paid to the Patent and Trademark Office “fee increases” totaling $90 under the America Invents Act, “purportedly enacted into law in September 2011 by Congress and the president.”
Rudy sued for a refund “on the ground that the AIA was invalid, having been signed into law by Barack Obama, a person who … was not a ‘natural born citizen,’ and thus, was ineligible to hold the office of president of the United States.”
The courts rejected his claim, insisting they had no authority to look into Obama’s eligibility.
The headline is quite amusing. The case doesn’t live, for crying out loud. This is like a child who asks its parents for a cookie repeatedly, then screaming “My cookie demand lives!” when they decide to ask for the 147th time after being told no the first 146 times. You aren’t getting the goddamn cookie, kid, and it doesn’t matter how much you stomp your feet or hold your breath until you turn blue.