Abdul Hassan was not born in the United States. He will tell you he was not born in the United States. There is no controversy about whether he meets the U.S. Constitution’s requirement that U.S. presidents must have been born in the United States.

He still thinks he should be able to become president.

In a lawsuit (PDF) filed this week in federal court in Denver, Hassan is challenging the denial of a spot on Colorado’s 2012 ballot. Colorado Secretary of State Scott Gessler denied Hassan, a New Yorker who has been running for president since 2008, a place on the ballot because Hassan was not born in the United States. Hassan was born in Guyana and has since become a United States citizen.

The U.S. Constitution requires U.S. presidents to be “natural-born citizens,” which is most commonly interpreted as requiring that presidents have been born in the U.S.. Hassan, who has filed similar lawsuits across the country, isn’t challenging the definition of natural-born citizen. Instead, he’s making a much more novel argument: That the entire constitutional eligibility provision is itself unconstitutional. . .

Might we eventually get a clear ruling on eligibilty?

The Constitution is unconstitutional? That's borderline Teabagger reasoning.

Might we eventually get a clear ruling on eligibilty?

It is a somewhat fascinating argument that will go exactly nowhere in court.

Hassan v. Colorado, No. 11-3116 (D. Colo. filed Nov. 30, 2011.)

"For the sake of completeness," this case ought to be followed in the event the court makes a ruling on what constitutes natural-born citizenship.

U.S. District Court
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:11-cv-03116-WJM-MJW

Hassan v. State of Colorado, The et al
Assigned to: Judge William J. Martinez
Referred to: Magistrate Judge Michael J. Watanabe
Cause: 28:1331 Federal Question: Other Civil Rights
Date Filed: 11/30/2011
Jury Demand: None
Nature of Suit: 950 Constitutional - State Statute
Jurisdiction: Federal Question

Plaintiff

Abdul Karim Hassan represented by Abdul Karim Hassan
215-28 Hillside Avenue
Queens Village, NY 11427
718-740-1000
PRO SE

V.

Defendant

State of Colorado, The
Defendant
Scott Gessler
In his official capacity as Secretary of the State of Colorado

Date Filed # Docket Text

11/30/2011 1 COMPLAINT for Declaratory and Injunctive Relief against Scott Gessler, State of Colorado, The (Filing fee $ 350, Receipt Number 43432) Summons Issued, filed by Abdul Karim Hassan. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(lyg, ) (Entered: 12/01/2011)

12/02/2011 2 ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe. Magistrate Judge Watanabe is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. SO ORDERED by Judge William J. Martinez on 12/02/2011. Text Only Entry (wjmsec, ) (Entered: 12/02/2011)

The court will most likely rule that Hassan concedes he is a not natural-born citizen, the 14th Amendment did not nullify the natural-born citizenship clause, and therefore Hassan has failed to state a claim.

Assigned to: Judge William J. Martinez

William J. Martínez

Appointed by: Barack Obama
Born: Mexico City, Mexico
Alma mater:
University of Illinois at Urbana-Champaign (B.A./B.S.)
University of Chicago Law School (J.D.)

I live to serve.

Get ready for some birther tears!:

Anyone check the dates -- might he have studied Con Law at the feet of the Usurper-in-Chief himself?

Martinez was born in 1954, and earned his J.D. in 1980. Obama was studying at Oxy.

OMG, please let Orly try and inject her brand of insanity into this case! I will drive to Denver for that freak show.

I'm in Denver, I'd meet you at the courthouse.

Me three! However, I doubt that Orly will choose to defend a man named Hassan.

[A]s the magistrate judge’s opinion makes clear and we expressly reaffirm here, a state’s legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office.