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SoCal Judge Tosses 'Birther' Lawsuit Vs. Obama

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Oct 29, 2009 2:00 pm US/Pacific

SoCal Judge Tosses 'Birther' Lawsuit Vs. Obama

SANTA ANA, Orange County A federal judge has thrown out a lawsuit challenging President Obama's citizenship and qualifications for the presidency.

U.S. District Court Judge David O. Carter dismissed the case Thursday and said in a written opinion that the U.S. Constitution does not give the court jurisdiction to decide the matter.

Carter says in court papers that the court cannot "sweep away the votes of over 68 million Americans with the stroke of a pen."

The lawsuit was filed in U.S. District Court in Santa Ana the day Obama was sworn in. It was filed on behalf of about 40 plaintiffs, including active and former military personnel, taxpayers and former political candidates.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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