Re. Kerchner et al vs. Obama & Congress et al lawsuit filed January 20th, 2009.
Judge Simandle Has Granted the DOJ's Motion to Dismiss. We will appeal.
Attorney Mario Apuzzo called me a few minutes ago. Judge Simandle has granted the DOJ's motion to dismiss. More on this later. Mario will post some initial comments in the blog but he still has to read the Judge's decision in full. I also need to read the full decision. But we will definitely appeal.
Like in the Battle of Long Island in the Revolutionary War, we have lost a battle. But we have not lost the war. The real decision on this will ultimately be made by the U.S. Supreme Court on the real crux of this matter ... which is a legal issue, i.e., the legal question of what is a Natural Born Citizen per Article II of our Constitution per original intent, and is Obama one. I say he is not. Read this as to why:
Attorney Apuzzo will comment further once he has had a chance to read the full decision.
We have lost at this initial step. But now Attorney Apuzzo can move the case up the ladder in the court system and file an appeal.
Charles F. Kerchner, Jr.
CDR USNR (Ret)
Kerchner v Obama & Congress
P.S. Links to the Judge's Opinion and his Order are now uploaded to SCRIBD.com and convenient links to them are found in the right frame of this blog. Just scroll down a bit to find a list of links to all the court documents for this case. The docket file at SCRIBD.com has also been updated to show the new documents entered today.