Was this decision actually written for Carter by his new Law Clerk brought in by him from Obama's defense law firm?
I find the decision disappointing but there is something good to take from it. That is the conclusion that the Plaintiff candidates were harmed. I think the justiciability prong can be turned around since Carter created a false premise to justify his lack of justiciability. We all know he does not have jurisdiction to impeach Obama. What he does have jurisdiction and a duty to do is interpret the Constitution.
The Legislative Branch does not have the jurisdiction or ability to interpret the Constitution.
All Judge Carter should have done is apply Obama’s facts (after conducting a hearing) to the natural born citizen term in the Second Amendment. The district court has exclusive jurisdiction and the duty to interpret the Constitution which he should have done.
Then, the Legislative Branch would be required to take action based on whatever the court’s interpretation was.
On appeal, this distinction must be highlighted.
Pete Anderson
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Judge Carter Ruling on MTD
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