Dissent: Alabama Supreme Court Denies Obama
ID Fraud Case; Great Constitutional Significance
[ UPDATE BELOW ]
[ UPDATE BELOW ]
Here's the long-awaited ruling for the McInnish/Goode v Alabama Secretary of State eligibility case...
Although the plaintiffs' request for relief is moot as to the legality, conduct, and results of the 2012 election, under the "capable of repetition, yet evading review" exception to mootness, the circuit court, in my view, should have granted the petition for a writ of mandamus to the extent of ordering the Secretary of State to implement the natural-born-citizen requirement of the presidential-qualifications clause in future elections.
Furthermore, I believe the circuit court should have granted the petition for a writ of mandamus to order the Secretary of State to investigate the qualifications of those candidates who appeared on the 2012 general-election ballot for President of the United States, a duty that existed at the time this petition was filed and the object of the relief requested. Although the removal of a President-elect or a President who has taken the oath of office is within the breast of Congress, the determination of the eligibility of the 2012 presidential candidates before the casting of the electoral votes is a state function.
This matter is of great constitutional significance in regard to the highest office in our land. Should he who was elected to the presidency be determined to be ineligible, the remedy of impeachment is available through the United States Congress, and the plaintiffs in this case, McInnish and Goode, can pursue this remedy through their representatives in Congress.
For the above-stated reasons, I dissent from this Court's decision to affirm the judgment of the circuit court dismissing this action on the motion of the Secretary of State.
PARKER, Justice (dissenting).
I agree with Chief Justice Moore's dissent with the exception explained below.
I agree with Chief Justice Moore's conclusion that the Secretary of State, as the chief elections official of Alabama, has a duty, under both Alabama and federal law, to ensure that the candidates for President of the United States whose names are placed on an Alabama election ballot meet the applicable qualifications. I write separately, however, to clarify that I do not believe that the Secretary of State has an affirmative duty to investigate, on his or her own volition, all the qualifications of every proposed candidate, but that the Secretary of State's duty to investigate a potential candidate's qualifications arises once the Secretary of State has received notice that a potential candidate may lack the necessary qualifications to be placed on an Alabama election ballot. For the following reasons, I believe that, in the present case, the Secretary of State received notice sufficient to raise a duty to investigate the qualifications of President Barack Hussein Obama before including him as a candidate on Alabama's election ballot.
This is not the first time that Hugh McInnish has appeared before this Court concerning this issue. On March 6, 2012, one week before Alabama's primary elections were held on March 13, 2012, McInnish filed in this Court a petition for a writ of mandamus requesting that this Court order the Secretary of State
"to demand that [President] Obama cause a certified copy of his Bona Fide birth certificate to be delivered to her direct from the government official who is in charge of the records in which it is stored, and to make the receipt of such a prerequisite to his name being placed on the Alabama ballot for the March 13, 2012, primary election, and on the ballot for the November 6, 2012, general election."
(Case no. 1110665.) As I noted in my unpublished special concurrence to this Court's order striking McInnish's petition for a writ of mandamus: "McInnish attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the 'short form' and the 'long form' birth certificates of President Obama that have been made public."
On March 6, 2012, the Secretary of State was served with McInnish's petition for a writ of mandamus, including the attached documentation raising questions about President Obama's qualifications. That documentation served by McInnish on the Secretary of State was sufficient to put the Secretary of State on notice and raise a duty to investigate the qualifications of President Obama before including him as a candidate on an Alabama election ballot.
Therefore, I respectfully dissent from the majority's decision affirming the circuit court's judgment. [...]
CONTINUED BELOW OR HERE: http://www.scribd.com/doc/213720368