We hesitated to post this opinion since it is way off-topic for the usual subjects of this blog, and the subject matter is something that has a tendency to flush out the extreme elements. But what the heck — it’s an interesting case, whichever side of this you might be on.
Besides, it’s a great case name.
In Justice v. Fuddy, No. 30176 (Apr. 7, 2011), the Hawaii Intermediate Court of Appeals concluded that Hawaii’s Uniform Information Practices Act (Haw. Rev. Stat. ch. 92), the law which requires the government to make its documents available to the public in certain circumstances, does not compel the State Department of Health to give up President Obama’s original birth certificate to someone who isn’t President Obama.
Read the opinion below if you want to find out why. Suffice it to say that it’s not enough that POTUS is the leader of the free world and has his or her finger on the nuclear trigger — “compelling circumstances” as used in UIPA means a medical or safety emergency, the court held.
Read the details posted by my colleage Rebecca Copeland in her summary of the case at Record on Appeal here.
By the way, the opinion was joined by all three of the panel’s judges, all appointees of Republican Governor Linda Lingle. So they aren’t likely part of the massive state government coverup that we all know is going on. (I kid, I kid!).
Justice v Fuddy, No 30176 (HAWICA Apr 7 2011)