The Georgia Supreme Court has denied our petition to review the lower Georgia courts’ dismissals of our Obama ballot-eligibility challenge. Given other alternative results, this is good news. It means that we can progress immediately to the U.S. Supreme Court. The Georgia Supreme Court could have easily agreed to hear our case and then delayed it until after next fall’s election making our case moot.
We are presently preparing to file our appeal to the U.S. Supreme Court so stay tuned for updates. Links to previous filings and court orders are below.
David Welden, a citizen of Georgia, filed a complaint under Georgia law challenging the qualifications of Obama to appear on the GA ballot for the office of President. He then contacted Liberty Legal Foundation and requested our assistance. We have been representing him in this action since December. Liberty Legal Foundation filed an opposition to Obama’s motion to dismiss. The Georgia court agreed with our reasoning. On January 3, 2012 Judge Malihi denied Obama’s motion. The court’s short opinion also clearly stated that Georgia law allows Mr. Welden to challenge candidate Obama’s Constitutional qualifications to hold the office of President. A hearing was held on January 26, 2012 and Judge Malihi ruled on February 3, 2012 that Obama is a “natural born citizen”. While we (as well as all established legal precedent) disagree with the Judge’s determination, this ruling allows Liberty Legal Foundation to argue the substantive Constitutional issue of eligibility through the appeals process.
Download the Georgia 1-26-12 Presentation
Link to all the filings to date (click on the link and it will open a pdf version of the document in a new window):
4-4-12 Supreme Court of Georgia Denying Plaintiffs petition for review of lower court’s ruling
3-15-12 Supreme Court of Georgia Order Denying Plaintiff’s Motion for Emergency Injunction
3-7-12 Liberty Legal Foundation files Motion for Emergency Preliminary Injunction
3-7-12 Liberty Legal Foundation files APPLICATION FOR REVIEW of the Superior Court’s Dismissal
3-2-12 Georgia Superior Court Grants Obama’s Motion to Dismiss
2-14-12 Georgia Petition for Appeal and Review of Final Decision
2-14-12 Georgia Motion for Emergency Stay and Preliminary Injunction
2-3-12 Decision of Judge Malihi
2-1-12 Plaintiffs Welden’s Proposed Findings of Fact and Conclusions of Law
2-1-12 Plaintiff Welden’s Motion for Finding of Contempt
1-20-12 Order Denying Defendant’s Motion to Quash
1-3-12 Order Denying Defendant’s Motion to Dismiss
12-19-11 Liberty Legal Foundation’s Opposition to Obama’s Motion to Dismiss (this was the only Opposition filed by any party to Obama’s Motion to Dismiss)
12-15-11 Obama’s Motion to Dismiss
11-11-11 Welden’s Original Complaint
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