John Albert Dummett, Jr. & Edward C. Noonan v. Alejandro Padilla — Petition for Certiorari

Michael Harless Constitutional Law, Election Law, U. S. Supreme Court

Today our firm filed a Petition for Writ of Certiorari seeking U.S. Supreme Court Review of two decisions of the California Courts which held that the California Secretary of State had no duty to determine whether a candidate for President of the United States is eligible to serve, if elected, before placing his name on the official state election ballot.

Our Petition explains that Article II, Section 1 of the U.S. Constitution vests in state legislatures the responsibility to determine how electors are selected and who is eligible to serve as president. In the early days of our Republic, as permitted by the U.S. Constitution, state legislatures in several states simply chose the electors directly without any popular vote. Now that electors are selected in every state by popular vote, state legislatures have the duty to ensure that voters are given a choice only between persons eligible to serve. Read More

Rudy v. Lee — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Today, our firm filed a friend-of-the-court brief in the U.S. Supreme Court, supporting a patent attorney’s claim that a law mandating an increase in patent application fees was invalid because it was signed into law by President Obama who does not meet the constitutional requirement to be a “natural born citizen.” The lower courts in the case ruled that the question of President Obama’s citizenship is a “political question” and thus an issue for Congress — not the courts — to decide. Read More

Herb Titus Quoted in Article about Electoral College

Michael Harless Press Coverage

Today, in the lead story in World Net Daily, Herb Titus discussed the constitutional obligation of the Electoral College to determine whether a candidate is constitutionally-eligible to be President, there being concerns raised as to whether Barak Obama is a “natural born Citizen.”

Article II, Section 1 of the U.S. Constitution states:  “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” Read More