On January 19, 2010, I filed the Appellants' Opening Brief in the appeal of Kerchner et al. v. Obama et al. which is currently pending in the Third Circuit Court of Appeals in Philadelphia. In that appeal, we maintain that the New Jersey Federal District Court erred in dismissing our case by ruling that plaintiffs do not have standing to challenge Obama's alleged eligibility to be President and Commander in Chief of the Military and that our case presents a non-justiciable political question. In our case, we have provided the Founder’s and Framers’ definition of an Article II “natural born Citizen” which is a child born in the country to citizen parents. We maintain that Obama is not an Article II “natural born Citizen” because he lacks unity of citizenship and allegiance from birth which is obtained when a child is born in the United States to a mother and father who are both United States citizens at the time of birth. Obama’s father was only a temporary visitor to the United States when Obama was born and never even became a resident let alone a citizen. Not being an Article II “natural born Citizen,” Obama is not eligible to be President and Commander in Chief.
We also maintain that Obama has failed to conclusively prove that he was born in Hawaii by publicly presenting a copy of a contemporaneous birth certificate (a long-form birth certificate generated when he was born in 1961 and not simply a digital image of computer generated Certification of Live Birth [COLB] allegedly obtained from the Hawaii Department of Health in 2007 which was posted on the internet by some unknown person in 2008) or through other contemporaneous and objective documentation. Having failed to meet his constitutional burden of proof under Article II, Section 1, Clause 5, we cannot accept him as a “natural born Citizen.”
The defendants had 30 days within which to file their opposition brief. Defendants have requested and obtained from the Court an extension of time to file their brief. The Court has granted them until March 8, 2010 to file it. After that filing, I will then have a chance to file a reply brief within the next 14 days.
You may obtain a copy of my brief at this site . We will be posting here the defendants' opposition brief after it is filed along with my reply brief. I hope that many of you will take the time to read these briefs so that you may learn first hand what the legal issues and arguments are regarding whether the plaintiffs have standing and/or are precluded by the political question doctrine to challenge Obama on his eligibility to be President and Commander in Chief, and what the meaning of an Article II “natural born Citizen” is.
Mario Apuzzo, Esq.
February 12, 2010
If you can, help the cause.
CDR Kerchner, Lead Plaintiff