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A hearing on October 5, 2009, Carter considered the defendants' Motion to Dismiss and declined to rule from the bench, saying that he would take the matter under advisement. On October 7, 2009, he released a Minute Order finalizing the previously tentative dates for summary judgment motions and trial, and on October 29, 2009, he dismissed the case. On December 22, 2011, the Court of Appeals for the Ninth Circuit affirmed the dismissal, ruling the plaintiffs lacked standing to challenge the eligibility of the sitting president.

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