Birthers, Up Close and Personal

[Got this in my In-Box late this afternoon]

To the 2008 California Electors:
 
You will recall that Alan Keyes and others brought a “Birther” lawsuit in November 2008, seeking to block the casting of your Electoral College votes.  We have had the privilege of representing you, President Obama, and Vice-President Biden in that litigation.  As we advised you last year, the case was dismissed by the Sacramento Superior Court on the grounds that the state court did not have jurisdiction over the qualifications of presidential candidates, which the Constitution commends to the Congress, and that the case was moot — plaintiffs failed to even attempt to obtain any order before you had completed voting and President Obama had been inaugurated.

Keyes and his cohorts appealed that judgment, and this week the Court of Appeal, Third Appellate District, affirmed the dismissal.  A copy of the court’s opinion, which will be published in the official reports, is attached.  As you will see, the opinion affirms the decision below on all grounds.  

 Keyes can attempt to get review of the decision by the California Supreme Court and, failing that, by the U.S. Supreme Court, but neither court is obliged to hear the case and it is unlikely either one would.  So we expect that this decision will be the final word on the matter as far as California state courts are concerned.  

Please feel free to contact us if you have any questions.

[Happy to send any readers copies of the attachment on request]