First, the third circuit court of appeals has rejected Philip J. Berg's appeal. The judge in the case upheld the lower court ruling on Berg's lack of standing.
DENIED. For the reasons ably expressed by the District Court —and not addressed in Plaintiff-Appellant’s Emergency Motion— it appears that Plaintiff-Appellant lacks standing to challenge Senator Barack Obama's candidacy for the Presidency of the United States. Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his appeal.
A similar case in Ohio has been tossed out. The judge ruled the onus of proof is on the plaintiff to prove Obama is not a natural-born citizen and not on Obama to prove he is.
“The onus is upon one who challenges such public officer to demonstrate an abuse of discretion by admissible evidence – not hearsay, conclusory allegations or pure speculation,” Hasselbach wrote in his decision .
David M. Neal, the plaintiff, wrote on his website that when he enrolled his child in public school he had to produce a birth certificate for his son to prove eligibility... "[Barack Obama] is running for president of the United States." the implication being the applicant bore the onus to prove citizenship and not the school to prove non-legal status.
Finally, the Associated Press is reporting that Hawaii officials declared Barack Obama's birth certificate as genuine. But that's not exactly what the Hawaii officials said.
Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.
A statement of fact of which we already knew. The question is not whether they have his original certificate, but whether that certificate indicates he was actually born in the U.S. and not born the child of a Hawaiian citizen abroad. The latter of which is what has been alleged by Philip J. Berg based on an eyewitness account of Obama's birth in Kenya from his paternal grandmother.
We know Dr. Fukino did not actually see Obama's birth certificate, because "she says state law bars release of a certified birth certificate to anyone who does not have a tangible interest." Emphasis added.
If Barack Obama ultimately wins on Tuesday, this issue is not going to go away without the official "vault" birth certificate being produced. Arguments that the people do not have standing to enforce the Constitution sets a dangerous precedent and requiring challengers to bear the burden of proof when the Constitution specifically requires natural-born status of presidential candidates creates a constitutional crisis that patriots simply can not allow.
Of course this entire issue would go away if Barack Obama would simply authorize the release of the document. Why does he continue to fight this issue and not just put it to rest?