Lawsuit challenging Obama’s qualifications is tossed out in federal court
An Alaska-based federal judge has thrown out a lawsuit challenging President Barack Obama’s qualifications to appear as a candidate on the November general election ballot.
Gordon Warren Epperly of Juneau claims that Obama does not have the political right to hold federal office because he’s of mixed race. Epperly filed an objection with the state Division of Elections in April and sued in state Superior Court in July.
Attorneys for President Obama, U.S. Representative Nancy Pelosi, Alaska Lieutenant Governor Mead Treadwell, and Alaska Division of Elections Director Gail Fenumiai all filed motions calling for the lawsuit’s dismissal.
The case was moved to U.S. District Court where Judge Timothy Burgess on August 24th dismissed the lawsuit ‘with prejudice.’ That means it can never be brought up again.
In the five-page dismissal order, Judge Burgess says the lawsuit is based on ‘frivolous and implausible claims’ by Epperly.
Burgess is a former Alaska-based U.S. Attorney who was nominated to the bench by President George W. Bush in 2005.