Thursday, January 10, 2013

Sticks and Stones May Break My Bones . . .

My second Quo Warranto suit against Mr. Obama was predictably dismissed by Judge Bates on December 19, 2012.  His Order of Dismissal was premised upon the now familiar ground of "standing" -- a relatively recent judicial invention which imposes upon every lawsuit filed a requirement -- not found in the Constitution or enacted laws and unknown to the Framers -- that one have an "injury" before the Court has jurisdiction.  The absurdity of this notion is found in applying the reductio ad absurdum argument to demonstrate that this "doctrine" creates an absurd result that necessarily follows from its acceptance.  But I digress for this is not the time to detail the complexities and absurdities of the "standing" doctrine.  I will take that up here and on appeal in due course.

Rather, a significant footnote to the Order of Dismissal:  I timely moved to Vacate the Order of Dismissal and asked that Judge Bates Disqualify himself for -- among other reasons -- his employment of the pejorative term "birther" to describe me in the Order of Dismissal.  The common understanding and ad hominem use of that term is: "A conspiracy theorist convinced of his/her intellectual superiority and rightness about Obama's birth on another planet, star or galaxy far, far away and long, long ago--or anywhere as long as it's not in the U.S."

In response, Judge Bates employed in his Order of Dismissal only one powerful legal argument to justify his use of the offensive term "birther" to me:  "Other courts have applied this term to describe the same challenges that Sibley makes to President Obama’s eligibility to hold the office of President."  Oh, that makes it O.K. does it?

By that fine legal reasoning, because Hitler called the Jews "disease" and "vermin", Judge Bates could use those terms as well when determining a lawsuit brought before him by one of that faith.

Are we sure that life-time appointments for federal judges with absolute judicial immunity is really the way to go if this is the intellectual firepower we are getting?


Anonymous said...

Is there any update on the Scotus Conference of 4th Jan?

Keep the faith :)

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