by Sharon Rondeau
(Mar. 19, 2021) — A request for an en banc hearing of the U.S. Court of Appeals for the District of Columbia Circuit in a case challenging Kamala Harris’s constitutional eligibility to serve was denied on Thursday.
On February 5, a three-judge panel denied petitioner Robert C. Laity’s appeal, issuing a “show-cause” order as to why he should not be sanctioned over what the panel deemed a “frivolous” case with a clearly-defined outcome. On February 8, Laity argued that sanctions were not justifiable since his concern arises out of his desire to “protect the Presidency of the United States and the Vice-Presidency of the United States from usurpation.”
Laity contends that because neither of Harris’s parents was a U.S. citizen at the time of her birth in Oakland, CA in 1964, she is not a “natural born Citizen” as envisioned by the Founders when they wrote Article II, Section 1, clause 5 of the U.S. Constitution containing the qualifications for the president which were later imposed on all vice-presidential candidates by the 12th Amendment. “The evidence is overwhelming that Kamala Devi Harris is not the bona-fide Vice-President of the United States because she does not meet Article II and 12th Amendment criteria that she be a ‘Natural Born Citizen,’ Laity wrote in his reply to the court. “That this court suggested sua sponte that my appeal is ‘frivolous’ (that there is no serious purpose or value) in trying to ensure that our highest offices are not breached gives me great cause for concern.”
In Thursday’s order, the three-judge panel ordered that “the order to show cause be discharged” without sanctions but that “Laity’s response to this court’s order to show cause does not challenge the district court’s ruling that he lacks standing. He has therefore failed to demonstrate that his appeal is not frivolous.”
“Although the court declines to impose sanctions in this instance, Laity is forewarned that this court will not hesitate to grant a motion for sanctions against him, or impose sanctions on its own motion, in any of his future appeals, if warranted,” the court warned.
The order denying an en banc rehearing consists of one sentence:
Upon consideration of the petition for rehearing en banc, and the absence of a request by any member of the court for a vote, it is
ORDERED that the petition be denied.