Iqbal Strikes Orly Tatz!

Last May the Supreme Court of the United States issued its decision Ashcroft v. Iqbal. The case concerned Iqbal who was the unwitting victim of the post-9/11 round-up of suspected terrorists. Even though there was little evidence that Iqbal was a terrorist, the government used a variety harsh interrogation tactics on him and kept him in jail for many months. Iqbal sued the government and the case went to the supreme court. The court threw out Iqbal's case. What was special in this case is that they threw out the case at a very early stage of the litigation, at the pleading stage. Previously, it was very easy to get passed the pleading stage.

Now, the holding in Ashcroft v. Iqbal has now been used against Orly Tatz, who claimed that Barack Obama was not born in the United States and therefore is ineligible to be President. Citing Iqbal, the court said that "To state a claim upon which relief may be granted, Plaintiff must allege sufficient facts to state a claim to relief that is plausible on its face."

It will be interesting to see if this holds up on appeal.