Rodearmel v. Clinton: Appeal to SCOTUS Filed

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Lawyers for the Judicial Watch, Paul J. Orfanedes and James F. Peterson on November 3, 2009 filed a notice of appeal to SCOTUS. “Notice is hereby given that David C. Rodearmel, plaintiff in the above-named case, hereby appeals to the United States Supreme Court from the October 29th, 2009 order dismissing this action. Direct appeal to the Supreme Court in this matter is proper pursuant to 5 U.S.C. § 5312 note (Pub. L. No. 110-455, § 1(b)(3)(A), 122 Stat. 5035).”

In a November 12 press release, Judicial Watch said: "Our client's goal is to vindicate the U.S. Constitution," said Judicial Watch President Tom Fitton. "The Constitution clearly prohibits Hillary Clinton from serving as Secretary of State until 2013. We hope the Supreme Court assumes jurisdiction over this matter and puts a stop to this attempt to do end-run around the Constitution."

Following oral argument on September 16, a special three-judge panel of the U.S. District Court for the District of Columbia dismissed the challenge against Hillary Clinton based on the "Ineligibility Clause" on October 29^th, ruling that Mr. Rodearmel lacked "standing" to bring the lawsuit.

Related Item: Plaintiff's Notice of Appeal | JW |November 3, 2009

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