Today Liberty Legal Foundation filed our motion for preliminary injunction against the DNC with the 9th Circuit Court of Appeals. If the 9th Circuit grants our motion it will issue a court order preventing the DNC from certifying Obama as the Democratic Presidential candidate.
You may remember that the states will not place candidate’s names on the ballot unless and until they receive a document from the political parties identifying their candidate. So, the national political parties send notifications to all 50 states identifying the party’s candidate for president. These notifications come from the DNC and RNC immediately after the parties’ conventions.
Until 2008, each one of these notifications included a statement from the parties that certifies that the candidate is constitutionally eligible to hold the office of President. In 2008, for the first time since this practice began, the DNC sent out 49 notifications that did not include a certification that their candidate, Obama, was constitutionally qualified to hold the office of President. No explanation was offered. Because its laws required the eligibility statement, Hawaii received a notice that included the eligibility statement. The other 49 states, which received notifications without the eligibility statement, all accepted them and placed Obama’s name on their ballots. Perhaps they were relying upon the fact that the DNC’s bylaws state that they are not allowed to support a candidate that is not constitutionally qualified to hold office.
Whether the eligibility certification is express or implied, the political parties and the states understand that these notifications represent the parties’ representation that their candidate is constitutionally qualified to hold the office of President. This is why Liberty Legal Foundation sued the DNC to prevent it from sending notices to the states after its 2012 convention. Our lawsuit points out that such notices are either fraudulent or, at a minimum, represent gross negligence on the part of the DNC.
Our lawsuit makes no claim about where Obama was born. It simply points out that Obama’s father was never a U.S. citizen and that the Supreme Court ruled in 1875 that a natural born citizen must have two parents that are U.S. citizens.