In what must have been a relief to state budgets across the country, Judge David O. Carter dismissed the holy mess that was the Judd v. Obama lawsuit against President Obama, the US Government, several states, private citizens and businesses (29 in all by the Court’s count). Ex-Marine Carter, veteran of Orly War I, didn’t wait for responses from defendants, but dismissed the case sua sponte for lack of subject matter jurisdiction.
Despite Orly Taitz’s attempt to turn her removal of the case from state court into a new filing with an “oopsies” motion, Judge Carter found that it was clearly a removal by Taitz from state court and clearly botched since only defendants can remove cases. Taitz, in typical Orly-see-Orly-do had copied what defendants in Mississippi did to her, not bothering to consult the rules. Since there was no removal, there is no jurisdiction. Judge Carter dismissed all other motions in the case as moot.
Nothing prevents Taitz from filing the case anew, not as a removal, except the strong possibility of having to pay crippling costs when she loses the frivolous suit.
Read the decision:
I left this message at Orly’s site:
You have been given a precious gift by Judge Carter. If Judd v. Obama had been continued, you would [have] faced paying costs in the hundreds of thousands of dollars when it was dismissed as all the others have been. Now you have been given a free ticket out of that mess.
Don’t refile, for your own sake and the sake of your family.
I know that you are Jewish, but I hope you will not be offended if I quote a little Christian scripture (Jesus said):
“For which one of you, when he wants to build a tower, does not first sit down and calculate the cost to see if he has enough to complete it? Otherwise, when he has laid a foundation and is not able to finish, all who observe it begin to ridicule him, saying, ‘This man began to build and was not able to finish.’”
I’m 100% certain Orly will refile this. The anti-birther comments about sanctions ring hollow because she has only been sanctioned once despite all of her frivolous filings, her unethical and unprofessional behavior, her undeniable incompetence, and her obvious mental illness. Judge Carter let her get away with another one. She’ll be back.
She said it would be re-filed today. There’s not much a bystander like me can do to stop a train wreck.
I have designed a pre filter for mouths that fully filters dust , helps keep birthers safe while bitting dust. I have a special for birthers, $1.00 each or 3 for $5.00. while supply lasts.
That fixed it. Thanks, Doc!
On-topic: the funny thing is that, should she ever manage to properly serve any of the defendants, they’ll likely remove to Federal court.
OT:
Jerome Corsi is traveling with the Mitt Romney press corps today.
. . .
☞LINK
Two things here. What she says she is going to do is to divide the case into two parts. The part in state court deals with the California defendants and her claims of voter fraud relating to her Senate run there–apparently almost all of the voters who voted for the Democratic and Republican candidates were dead, and hers were alive. There probably won’t be anything in the State case that could be removed.
The rest of the case, and this will be the vast majority of defendants, will be filed in federal court.
I can’t be sure without seeing the paperwork and consulting a real attorney.
This made my day.
Rachel Maddow highlighted this on her MSNBC show last night, ending the show with my quote of the day: