U.S. District Judge David O. Carter is working his magic in his Santa Ana courtroom in two cases involving President Barack Obama.
One pits The Chosen One against his gay supporters, the other against his nuttiest foes.
Carter on Monday dismissed the first of several pending challenges to the federal Defense of Marriage Act on a technicality, ruling that the same-sex marriage lawsuit must be refiled in federal court. The suit brought by Mission Viejo couple Arthur Smelt and Christopher Hammer, argues that the DOMA violates the U.S. Constitution by discriminating against gay men and lesbians.
Carter essentially said it would be pointless to weigh the suit's merits because it had been improperly filed in state court before landing in his jurisdiction.
Candidate Obama had pledged to work for the repeal of the DOMA, but
U.S. Justice Department lawyers earlier this summer filed court papers
in the lawsuit strenuously defending what has been federal law since
That prompted gay marriage advocates to accuse the president of
betraying them and Obama to issue a memorandum extending some benefits
to federal employees with same-sex partners, hold a White House
reception commemorating the 40th anniversary of the birth of the modern
gay rights movement and otherwise seeking to appease gay leaders.
last week, when Justice lawyers filed a new round of papers seeking to
dismiss the case brought by Smelt and Hammer, who are disabled and live
on fixed incomes, Obama was ready with a statement saying he still
wants to get rid of the DOMA, but the government has an obligation to
defend the laws passed by Congress.
Carter is also the federal judge hearing Laguna Niguel attorney/dentist/real estate agent/Queen of the Birthers' Orly Taitz's latest
lawsuit claiming Obama is unqualified to be president of the United
States because he was born in Kenya–despite what his Hawaiian birth
Federal Magistrate Arthur Nakazato is
ruling on various motions as they are filed in the case, but ol' Orly doesn't see stink eye to stink eye with some of the judge's findings,
such as the attorney/dentist/real estate agent's failure to properly
serve defendants or follow basic rules for filing a discovery motion in
court. Nakazato made the latter order on Aug. 6 in reference to Taitz's
motion to get discovery based on what she claimed to be a copy of
Obama's Kenyan birth certificate.
Keep in mind Nakazato ws not
ruling on the merits of the document, which has been widely discounted as a fake. The judge was merely trying to direct the
attorney/dentist/real estate agent to file her paperwork correctly.
for that, HE'S OUT OF ORDER! YOU'RE ALL OUT OF ORDER! And because
Carter had said in open court on July 13 that he intended to take the
case concerning the qualifications of Barack Hussein Obama to serve as
President of the United States seriously and see that the merits of the
case would not be obscured by trivial technicalities, Taitz filed a
motion to “recuse” or “disqualify” Nakazato for a “hyper-formalistic
Carter has reportedly set a Sept. 8 hearing to kibitz on
these and other matter from the Wide World of Conspiracy brought to you
by Taitz and her Birther Brigade, including: her “first amended
complaint” that adds 45 new plaintiffs (following earlier judicial
attempts to simplify the case); a motion to dismiss two of her own
clients without their consent because they tried to bring in another
lawyer to assist her; and a motion to subpoena Secretary of State
Hillary Clinton to acquire Obama's real/fake birth certificate from the
government of Kenya.
What do you suppose is a greater feat: Carter keeping all this shit straight or managing to keep a straight face through it all?
OC Weekly Editor-in-Chief Matt Coker has been engaging, enraging and entertaining readers of newspapers, magazines and websites for decades. He spent the first 13 years of his career in journalism at daily newspapers before “graduating” to OC Weekly in 1995 as the alternative newsweekly’s first calendar editor.