Mr. Rudy is a patent lawyer who was challenging the patent application fee increases based on the ineligibility of Barack Obama to enact laws as President of the United States. The courts below ruled that whether Obama qualified to be President of the United States was a political question that cannot be entertained by the judicial system, having been given by the Constitution to Congress to determine.
CLDEF’s amicus curiae brief argued that this was incorrect, as the Constitution gives this responsibility to the legislatures of the states.
On October 6, 2014, the Supreme Court denied Mr. Rudy’s petition for certiorari.
CLDEF Amicus Curiae Brief in Support of Petition for Certiorari (August 13, 2014)