Comment

Nirther Smack-Down

1183
gman3/07/2009 12:41:10 am PST

re: #1182 Abu Maven

That’s a poorly-reasoned opinion. The judge acknowledges that he has jurisdiction, but then dismisses pursuant to Rule 12(b)(6) - failure to state a claim upon which relief can be granted. But that should only be done where the Complaint, on its face, accepting all its allegations as true, does not state a claim. Here, the Complaint appears to state a claim (I say “appears” because I have not seen it), but the Judge dismisses on the ground that “blogs” have already decided that Obama is a citizen.

What bunk. Can you imagine if you brought a lawsuit, and the court cited Daily Kos as a basis for dismissing your complaint? And not only that, dismissing it pursuant to 12(b)(6), which is not even about the truthfulness of your allegations, but simply whether those allegations, assuming they were true, would state a claim for relief.

Don’t get me wrong. I have little doubt Obama is a citizen. But that opinion is really bad.

Where does Judge Robertson say he’s basing his decision on what “blogs” say?