Originally posted by vkey08
If the Federal Courts (on the district level) and the Supreme Court are not in a position to hear this because of jurisdiction, then who would be hypothetically?
In theory lower Courts have the jurisdiction to order Obama's vital records to be inspected.
From Hawaii's Revised Statutes §338-18 (Disclosure of records):
The following persons shall be considered to have a direct and tangible interest in a public health statistics record:
(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction
You must realize that the Court first has to accept a person's legal argument (merit) and acknowledge that that person has a legitimate legal interest (standing) in inspecting someone's vital records.
By law vital records are sealed and can't be disclosed to anyone unless he or she is a relative, an authorized agent by the registrant, or has a Court order for example.
Most likely the Courts have been rejecting all the lawsuits because either they don't have standing, merit or both; or because the Courts find the request to inspect Obama's vital records frivolous in the sense that Obama has already presented a valid proof of citizenship and state and federal officials have vouched for it.
There would have to be tangible evidence that would demonstrate or point to Obama not being born in the United States for the Courts to consider the request.
As of now, there is either no evidence of the sort or all the lawsuits have failed to point it out. My bet is on the first.
[edit on 1-3-2009 by converge]
