July 11, 2008

"A Hint of New Life to a McCain Birth Issue"

The NYT has this story on Jack Chin's argument that Senator McCain is ineligible to be pressident due to his birth in the Canal Zone. Here's an excerpt from Prof. Chin's draft essay, recently posted on SSRN:

Senator McCain was born in 1936 in the Canal Zone to U.S. citizen parents. The Canal Zone was territory controlled by the United States, but it was not incorporated into the Union.... Because Senator John McCain was not a citizen at birth, he is not a "natural born Citizen" and thus is not "eligible to the Office of President" under the Constitution.
In March 2008, a complaint was filed in the U.S. District Court in Riverside, California challenging McCain's eligibility. The docket report for that case (Inland Empire Voters v. United States) indicates that it was voluntarily dismissed on April 18 2008.

Another case alleging McCain's ineligibility (Hollander v. McCain) was filed in federal court in New Hampshire on March 14, 2008. I've posted the First Amended Complaint here and the brief in support of McCain and the RNC's motion to dismiss here. That motion argues that the case isn't justiciable, that the relief sought would infringe on McCain and the RNC's First Amendment rights, and that these defendants aren't state actors. A hearing on the motion to dismiss is set for July 24, 2008.

Posted by tokajid at July 11, 2008 07:01 AM