Attorney Van Irion of the Liberty Legal Foundation (LLF) filed an appeal to a Georgia superior court to review and overturn the decision by Georgia’s Secretary of State Brian Kemp (photo) to keep Barack Obama’s name on the state’s 2012 primary ballot. Irion claimed that Kemp’s decision was based on a faulty ruling by administration law Judge Michael Mahili who threw out testimonies presented by Irion and two other attorneys in a hearing on January 26th.
At issue is whether Obama is a “natural born citizen” as required under the Constitution to qualify to run for the office of president. Georgia law requires that “every candidate for federal office…shall meet the constitutional and statutory qualifications for holding [that] office…”
In his appeal Irion claimed that Mahili failed to follow procedures properly, and attempted to make a judgment on the facts presented rather than certifying them. Irion said that when he pressed Mahili for a response, Mahili stepped aside, saying that the matter was now in the hands of the superior court.
Irion also claimed in his appeal that “At issue is nothing less than the enforcement or loss of constitutional rule of law. The petitioner’s right to live in a constitutional republic will be lost if the clearest terms of the U.S. Constitution will not be enforced by the judicial branch of government.” He added that if the Superior Court doesn’t overturn Kemp’s ruling, “it would confirm that the judicial branch is now unwilling to enforce the clearest and most basic requirements of the U.S. Constitution.”
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