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Birthers' Suit Challenging Obama's Citizenship Frivolous

By FindLaw Staff on July 06, 2010 2:42 PM

Kerchner v. Obama, No. 09-4209, concerned a challenge to the district court's dismissal of  plaintiffs' suit challenging the legitimacy of President Obama's citizenship.  In affirming, the court held that the plaintiffs lack standing as they fail to establish "injury in fact."  Furthermore, because the finding of other district courts that plaintiffs who filed complaints based on similar legal theories violated Federal Rule of Civil Procedure 11 should have served as a meaningful notice that this appeal would be frivolous, the plaintiffs' counsel is ordered to show cause why he should not pay just damages and costs for having filed a frivolous appeal.

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