November 16, 2008 by MissionViejoDispatch.com
A Mission Viejo dentist filed a lawsuit Thursday asking the Sacramento County Superior Court to prevent the State’s electors from casting votes for Barack Obama in the Electoral College. If successful, the injunction would last until the Secretary of State exercises due diligence to obtain proof of Obama’s “natural born” U.S. citizenship.
Dr. Orly Taitz has a dentistry office at LaPaz and Chrisanta, claiming thousands of satisfied clients, but she has also been a licensed California attorney since 2002. Taitz joined Ramona attorney Gary Kreep of the United States Justice Foundation in filing the Writ of Mandate Petition in the Sacramento County Superior Court. The pair is representing former Reagan appointee, Ambassador Alan Keyes, who was a 2008 presidential candidate for the American Independent Party.
The complaint by Taitz asks the court to prevent the Secretary of State from certifying the election until proof is shown that Obama is a “natural born U.S. citizen, and that he is not a foreign citizen of Kenya, Indonesia or Great Britain. It names Obama, Biden, the Secretary of State, and California Democratic electors as defendants.
Taitz’s client, Keyes, says he is pursuing the matter because, “I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new President can take office under no shadow of doubt. This will be good for him and for the nation.”
The issue is not new. The complaint states that 17 other federal and state lawsuits are pending regarding Obama’s citizenship. There have also been cases challenging John McCain’s “natural born” qualification since he was born in Panama while his father was on military assignment.
Taitz requests an expedited hearing process, stating any actions taken by Obama after inauguration would be illegal and void if it was later determined he was not a natural born citizen of the U.S. The twentieth amendment to the federal constitution provides for succession of a president-elect who does not qualify. The vice president-elect would act as president until a president is qualified.
Barack Obama has refused to allow access to his birth certificate. The Governor of Hawaii has also refused to release Obama’s birth certificate or describe its origins. Taitz alleges that Obama’s paternal grandmother has affirmed she “was in the delivery room in Kenya when he was born August 4, 1961.” Even if Obama was born in Hawaii, his U.S. citizenship was relinquished when he became a citizen of Indonesia in or around 1967, according to Taitz, which would also disqualify him under the U.S. constitution.
Obama is defending himself in another citizenship case by claiming the plaintiff in that action is an ordinary citizen and therefore lacks standing to bring the challenge. That matter was being reviewed by the US Supreme Court. In the Taitz case, the plaintiffs are not ordinary citizens, but a 2008 presidential candidate, his vice-presidental candidate, and a California elector.
Ms. Taitz contacted California Secretary of State Debra Bowen (Dem) on October 25 requesting an administrative hearing. Bowen has since failed to take any steps to confirm Obama’s citizenship, leading Ms. Taitz to file suit seeking injunctive relief to prevent any California electoral votes from being cast for Obama. Click here to view the court document.