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:
- Judge Masin ruled that Obama was born in Hawaii with no evidence on record, after acknowledging that fact during the hearing.
- 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.
- The judge suggested that Obama might have to show eligibility later. He laid no basis for such a ruling.
- 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.