A Republican-appointed judge has sanctioned Orly Taitz, "birther movement" lawyer, 20,000 dollars. See opinion here. Apparently, Ms. Taitz clearly lacked standing to bring the motion and publicly criticized the court. At the same time, her motions may have produced a favorable result for her client--the military withdrew her client's deployment order, deeming him a distraction. Basically, because of Orly Taitz's frivolous motions, the officer does not have to go to Iraq or Afghanistan.
I've been sanctioned before, and so I generally disfavor sanctions. In this case, however, the judge warned the lawyer not to do something, and she went ahead and did it anyway. In addition, she compared herself with Thurgood Marshall and failed to comply with several procedural requirements. In the case where I was sanctioned, the federal judge--Samuel Conti--sanctioned me without a hearing and without any prior judicial warning. When I called to request a hearing, the court immediately moved the case file back to state court (opposing counsel had filed a motion to remand).
Even a lawyer like me, who generally favors pushing the envelope, has to agree that Orly Taitz got what she deserved.
Bonus: Ms. Taitz had a previous run-in with this judge. See here for details.
"And if an epitaph be my story, I'd have a short one ready for my own: I had a lover's quarrel with the world." -- Robert Frost
Showing posts with label Orly Taitz. Show all posts
Showing posts with label Orly Taitz. Show all posts
Wednesday, October 14, 2009
Saturday, September 19, 2009
Judicial Opinion Slams Birther Movement
Praise the Lord for this [Warning: PDF file] judicial opinion against Orly Taitz and the Obama "Birther" movement. Taitz argued that a military doctor shouldn't have to deploy to Iraq until President Obama produces a legitimate birth certificate, thereby proving he really is our Commander in Chief. Here are my favorite lines from the opinion:
Finally, in a remarkable shifting of the traditional legal burden of proof, Plaintiff unashamedly alleges that Defendant has the burden to prove his “natural born” status. Thus, Plaintiff’s counsel, who champions herself as a defender of liberty and freedom, seeks to use the power of the judiciary to compel a citizen, albeit the President of the United States, to “prove his innocence” to “charges” that are based upon conjecture and speculation.
Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly “protect and preserve” those very principles...
[If Plaintiff is allowed to prevail,] Presumably, some other military doctor, who does not resort to frivolous litigation to question the President’s legitimacy as Commander in Chief, would be required to go to Iraq in Plaintiff’s place.
This judge was appointed by President George W. Bush.
Update: Ms. Taitz is in trouble again. This time, it isn't quite so pretty. See here for details.
Finally, in a remarkable shifting of the traditional legal burden of proof, Plaintiff unashamedly alleges that Defendant has the burden to prove his “natural born” status. Thus, Plaintiff’s counsel, who champions herself as a defender of liberty and freedom, seeks to use the power of the judiciary to compel a citizen, albeit the President of the United States, to “prove his innocence” to “charges” that are based upon conjecture and speculation.
Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly “protect and preserve” those very principles...
[If Plaintiff is allowed to prevail,] Presumably, some other military doctor, who does not resort to frivolous litigation to question the President’s legitimacy as Commander in Chief, would be required to go to Iraq in Plaintiff’s place.
This judge was appointed by President George W. Bush.
Update: Ms. Taitz is in trouble again. This time, it isn't quite so pretty. See here for details.
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