***** Court accepts Wiley Drake's 'birther' appeal *****

Court accepts Wiley Drake's 'birther' appeal

-SNIP-

Nearly two-and-a-half years into his term, a federal appeals court has agreed to hear oral arguments in a case alleging that Barack Obama is not eligible to serve as president of the United States.

Plaintiff Wiley Drake, pastor of First Southern Baptist Church in Buena Park, Calif., commented on word that the Ninth U.S. Circuit Court of Appeals had scheduled a hearing on his case May 2.

On Jan. 20, 2009, the day that Obama took the oath of office and assumed the presidency, a lawsuit filed by numerous plaintiffs, including Drake and Keyes, asked a federal judge to invalidate Obama's election claiming he failed to present clear evidence that he met a constitutional requirement that the president must be a "natural born citizen" of the United States.

U.S. District Judge David Carter dismissed that suit in October 2009, saying that failure to file the case until after Obama took office made it a matter not of determining a candidate's eligibility but instead removal of a sitting president, a power that the Constitution gives to Congress but not to the courts.


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