Birthers won’t get a day in court—again.
A three-judge panel of the Ninth Circuit U.S. Court of Appeals ruled Thursday the plaintiffs—including 2008 independent presidential candidate Alan Keyes—have no standing to question President Barack Obama’s eligibility to lead.
Keyes filed the suit, known as Drake v. Obama, 09-56827, Jan. 20, 2009—Obama’s inauguration. Judge Harry Pregerson affirmed U.S. District Judge David Carter’s decision to dismiss the case. That affirmation was highlighted in an unanimous opinion, including comments from fellow Judges Raymond Fisher and Marsha Berzon.
Los Angeles Assistant U.S. Attorney David DeJute represented the government. Attorney and birther extraordinaire Orly Taitz as well Gary Kreep represented the plaintiffs.
