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SAN FRANCISCO (AP) — The so-called birther movement was dealt another legal blow Thursday when a federal appeals court tossed out a lawsuit challenging President Barack Obama’s U.S. citizenship and his eligibility to serve as commander in chief.
The 9th U.S. Circuit Court of Appeals ruled that none of the challengers had legal standing to file the lawsuit on Jan. 20, 2009, the day Obama was inaugurated. The three-judge panel cited various reasons for disqualifying six sets of plaintiffs, who included Obama’s political rivals, taxpayers and military personnel.
The birther movement has filed multiple lawsuits over the issue, so far with no success. Its leaders have lost similar challenges before the U.S. Supreme Court and the California Supreme Court.
The U.S. Constitution says only “a natural born citizen” may serve as president. The challengers allege that Obama, whose father was Kenyan, was born in that African country, rather than the U.S. state of Hawaii. They claim his Hawaii birth certificate is a forgery.
The appeals court didn’t address the authenticity of the birth certificate, instead ruling that the challengers couldn’t show “concrete injury” from the allegations.
Fox News is partly to blame for spreading the idea that President Obama wasn’t born in the United States, White House senior adviser David Axelrod said Wednesday.
“I find the whole thing bewildering, but there is that strain, and it’s always been there in our politics,” he said on CBS’s “Late Show with David Letterman.”
He added, “These are times of great change and stress, so you see some of those things come out, but it is no doubt promoted by our friends at Fox and others, and that’s part of the politics we have to deal with.”
Note: In actuality, FOX News, like most of the other news sites, has tried to steer clear of the birther controversy from the onset.