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Friday, November 13, 2009

Ind. Decisions - "Indiana appeals court upholds axing of Obama suit"

The Court of Appeals decision yesterday in the case of Steve Ankeny and Bill Kruse v. Governor of the State of Indiana (ILB summary here) is the subject of a story in the Indianapolis Star, reported by Jon Murray. Some quotes:

The Indiana Court of Appeals today affirmed a Marion County judge's dismissal of a lawsuit by two Hoosiers challenging President Barack Obama's eligibility to hold office.

One of dozens of similar lawsuits across the country that so far have been unsuccessful, the Indiana case disputed Hawaii-born Obama's status as a "natural born citizen." Steve Ankeny, New Castle, and Bill Kruse, Roselawn, represented themselves in the suit, which Judge David Dreyer dismissed in March. * * *

A three-judge Court of Appeals panel ruled in today's 19-page decision that the plaintiffs failed to state a claim upon which relief could be granted.

But the decision, authored by Judge Elaine B. Brown, also weighed in on the debate over the citizenship status requirement: "We conclude that persons born within the borders of the United States are 'natural born Citizens' for (constitutional) purposes, regardless of the citizenship of their parents."

Posted by Marcia Oddi on November 13, 2009 09:30 AM
Posted to Ind. App.Ct. Decisions