KERCHNER v. OBAMA

No. 09-4209.

612 F.3d 204 (2010)

Charles F. KERCHNER, Jr.; Lowell T. Patterson; Darrell James Lenormand; Donald H. Nelsen, Jr., Appellants v. Barack Hussein OBAMA, II, President Elect of the United States of America, President of the United States of America, and Individually; United States Of America; United States Congress; United States Senate; United States House of Representatives; Richard B. Cheney, President of the Senate, Presiding Officer of Joint Session of Congress, Vice President of the United States and Individually; Nancy Pelosi, Speaker of the House and Individually.

United States Court of Appeals, Third Circuit.

Filed July 2, 2010.


Attorney(s) appearing for the Case

Mario Apuzzo, Esquire, Jamesburg, NJ, for Appellants.

Tony West, Assistant Attorney General, Paul J. Fishman, United States Attorney, Mark B. Stern, Esquire, Eric Fleisig-Greene, Esquire, Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before SLOVITER, BARRY and HARDIMAN, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Charles F. Kerchner, Jr., Lowell T. Patterson, Darrell J. LeNormand, and Donald H. Nelsen, Jr. (hereafter "Appellants") filed suit in the United States District Court for the District of New Jersey, alleging that President Barack Obama is ineligible to hold his Office as President. They rely on Article II, Section 1, Clause 4 of the United States Constitution which provides that "No person except a natural...

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