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Administrative Law Judge: Obama Eligible For NJ Ballot

Administrative Law Judge Jeff S. Masin ruled that Barack Obama is eligible to appear on the Democratic primary ballot, according to a report on Conservative News and Views.

Mario Apuzzo, Esq., argued for the objectors to Obama’s petitions yesterday at a hearing presided over by Masin.  Alexandra Hill of Genova, Burn and Giantomasi argued for Obama.

Apuzzo has a write up of the proceedings on his blog.

CNV reports that Masin informed Apuzzo of his decision on the telephone at 7PM last evening and gave him a two hour deadline to file an exception to the ruling.

Apuzzo took exception to the following:

  1. Judge Masin ruled that Obama was born in Hawaii with no evidence on record, after acknowledging that fact during the hearing.
  2. Judge Masin ruled that Obama need not comply with statute to show that he is eligible, solely because he need not “consent” to someone circulating a nominating petition for him.
  3. The judge suggested that Obama might have to show eligibility later. He laid no basis for such a ruling.
  4. The judge misread the precedents and gave short shrift to the historical evidence that the Framers of the Constitution defined “natural-born citizen” as one born in-country to two citizen parents. Apuzzo devoted half of his 30-page exception to this analysis alone.

Apuzzo plans to appeal to the Appellate Division of the New Jersey Superior Court.

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Posted: April 11th, 2012 | Author: | Filed under: 2012 Presidential Politics | Tags: , , , , | 6 Comments »

6 Comments on “Administrative Law Judge: Obama Eligible For NJ Ballot”

  1. larrb said at 4:38 pm on April 11th, 2012:

    Wasn’t Romney’s dad born in Mexico? So by their reasoning, they would eliminate Obama’s candidacy and the only person with a snowballs chance in hell at taking the POTUS? Doesn’t make sense to me.

  2. Justified Right said at 5:29 pm on April 11th, 2012:

    larrb,

    Great point. I forgot about that.

    Some non-partisan group should challenge them both.

    That would be fun.

  3. Bob English said at 5:40 pm on April 11th, 2012:

    Romney’s father was born in Mexico but his parents were American citizens.

  4. ellen said at 5:29 pm on April 12th, 2012:

    This article does not mention the fact that the New Jersey ruling is the fourth by state courts, and there is a federal court ruling as well. All of them hold that the meaning of Natural Born comes from the common law (not from Vattel) and that, as the US Supreme Court ruled in the Wong Kim Ark case, every child born in the USA—except for the children of foreign diplomats–is Natural Born.

  5. rachel said at 5:35 pm on April 12th, 2012:

    Apuzzo’s argument was sopmething a kindergarten child could’ve put together in 10 minutes! The judge did his best not to laugh but it was close.

  6. Martha Trowbridge said at 10:19 am on April 19th, 2012:

    Rachel:

    On what basis do you state that Mr. Apuzzo’s presentation was “something a kindergarten child could’ve put together in 10 minutes”?

    Respectfully,

    Martha Trowbridge