Kagan, Sotomayor blew chance to stop eligibility challenge?

World Net Daily ^ | Jan. 26, 2011 | Bob Unruh

[Smokeyblue]

Lawyers working for a retired military officer who is challenging Barack Obama's eligibility to be president say the U.S. Supreme Court appears to have broken its own rules by failing to respond to a pending recusal motion, thus conceding the point and possibly requiring a new conference vote among the seven remaining justices, including four mostly conservative, on whether the high court will hear arguments over Obama's legitimacy.

Laurence Elgin, one of the experts working with the Constitutional Rule of Law Fund and website, told WND that the issue arose in the case brought by retired Col. Greg Hollister, who is represented by attorney John Hemenway.

The lawyers in the case filed a motion before the U.S. Supreme Court seeking the recusal of justices Elena Kagan and Sonia Sotomayor, since both were appointed to their lifetime posts by Obama and clearly would have an interest in the dispute if Obama was found to be ineligible and his actions, including his appointments, void.

[Smokeyblue]

Full Headline:

Kagan, Sotomayor blew chance to stop eligibility challenge?

Lawyers say Supremes broke rule, failed to respond to recusal motion

[screaminsunshine]

They probably do not want to get mixed up in it unless forced to.

[newnhdad]

did anyone else see Ginsberg fall asleep? Her head kept falling down during the final few minutes.

[Mygirlsmom]

I really think he WANTS to start something over this. It’s too convenient that all of his most ardent supporters (Abercrombie et al) are suddenly “stepping in it”.

[StonyBurk]

Nah—she wasn’t asleep just checking the eyelids to make sure they wasn’t leaking light. Once one gets a lifetime appointment to be as gods they grow accustomed to their deity and like a doper or an alcoholic believe they can quit whenever they want to —they just really believe they can still do the Hail Mary pass when their team needs their guiding influence.

[FreeAtlanta]

It wouldn't be the first time;

Any justice who falls asleep during a court case or any other critical meeting, should be immediately removed. The left are such debase, shameless thugs.

[FreeAtlanta]

Abercrombie is stepping out. He can’t find the certificate and resorted to the old privacy excuse.

[charo]

The Mike Evans radio spot where he claims that he spoke with Governor Abercrombie about the failure to find a birth certificate is being scrubbed.

[freebird5850]

Well I ‘m glad i got to hear it. I kinda thought something like that would happen. Damage control from the WH.

[mongrel]

The court challenges seem to be against the wrong people. Shouldn’t the court cases be brought against the specific individuals who participated in the fraud? The courts will always be reticent to rule against Obama’s eligibility, since that is constitutionally given to congress. If the fraud was uncovered in the court system, then it would emboldened hearings in the house. Who (besides Obama) lied under oath and who has standing to bring a civil suit against them?

[Hotlanta Mike]

[charo]

Somebody got it to Drudge.

[jamese777]

Abercrombie is stepping out. He can’t find the certificate and resorted to the old privacy excuse.

---

Hawaii privacy statutes allow a birth record to be released to “a person whose right to inspect or obtain a certified copy of the record is established by an order of a court of compentent jurisdiction.”

That’s the same privacy excuse that the previous Republican administration in Hawaii used.

“For more than a year, the Department of Health has continued to receive approximately 50 e-mail inquiries a month seeking access to President Barack Obama’s birth certificate in spite of the fact that President Obama has posted a copy of the certificate on his former campaign website. Hawaii is a “closed records” state, meaning that vital records are available only to those with a direct and tangible interest as defined by statute; hence, they are not subject to disclosure under public records requests.”
—Dr. Chiyome Fukino, Director, Hawaii Department of Health in sworn testimony before the Hawaii Senate Committee on the Judiciary and Government Operations, January 22, 2010.

[Kenny Bunk]

This is where I am losing the trail. The Laws of Hawaii mandate that any documentation used by an official in reaching a decision, or taking an action, is to be made available to ANY CITIZEN who asks.

Fukino announced to the world that Obama was "A NATURAL BORN CITIZEN, and born in Hawaii," and that she had seen the documentation.

According to the way I read the Information Statute, that makes all of the documentation available upon request.

[upchuck]

The Mike Evans radio spot where he claims that he spoke with Governor Abercrombie about the failure to find a birth certificate is being scrubbed.

I'm not sure who is doing the scrubbing, but they missed a few spots.

[jamese777]

This is where I am losing the trail. The Laws of Hawaii mandate that any documentation used by an official in reaching a decision, or taking an action, is to be made available to ANY CITIZEN who asks.
Fukino announced to the world that Obama was “A NATURAL BORN CITIZEN, and born in Hawaii,” and that she had seen the documentation.

According to the way I read the Information Statute, that makes all of the documentation available upon request.

---

The Lingle administration interpreted the law (and was backed up by the Hawaii State Office of Information Practices, “OIP”) as requiring them to release Index Data to the public on any vital record. The Obama Index data has been available at their web site for a long time.
http://hawaii.gov/health/vital-records/obama.html

The privacy statutes are also pretty explicit as to who can get access to what, but a subpoena has always been the easiest way to release whatever Hawaii has and a congressional subpoena from any House Committee Chairperson could do the trick.
http://www.capitol.hawaii.gov/hrs2006/Vol06_Ch0321-0344/HRS0338/HRS_0338-0018.HTM

[K-Stater]

...and possibly requiring a new conference vote among the seven remaining justices, including four mostly conservative, on whether the high court will hear arguments over Obama's legitimacy.

It didn't make it past the last coference vote if memory serves, it won't make it past another one. Recusing Kagan and Sotomayor would accomplish nothing. The full court takes up a case if only four of the nine justices vote to consider it; it doesn't take a majority. If there were not four votes to hear Hollister before all this then there won't be four votes after it.

[jamese777]

Full Headline:
Kagan, Sotomayor blew chance to stop eligibility challenge?

Lawyers say Supremes broke rule, failed to respond to recusal motion

---

Any single Supreme Court Justice can request that the defendant (Obama) file a response to the Petition for a Writ of Certiorari (request for the Court to hear an appeal). If a Justice asks, the Government MUST respond.

In Kerchner v Obama, the government (acting for Obama) did not voluntarily file a response to Kerchner’s petition and none of the nine Justices asked for a response.

That means that NO Justice was contemplating granting this petition. Sotomayor and Kagan were therefore irrelevant.

[charo]

Back in 2009, Phil from the Right Side of Life made the following request:

To Whom It May Concern,

I am writing to you today to find out information regarding the transaction that occurred on or about June 6, 2007 to procure Mr. Obama’s certification of live birth. Through much of the Internet-based discussion on his alleged ineligibility for the office of the presidency, I was not able to locate any information on the official transaction that produced the COLB.

Is this information publicly available? If yes, what is the process by which I would need to go about obtaining this information? Is there a form that I would need to submit to retrieve this information?

I am only interested in the details of the transaction concerning whomever requested Mr. Obama’s certification of live birth.

Thank you ahead of time for any information that you can provide.

Sincerely,

-Phil
Concerned Citizen from the great State of Georgia

He received the following answer the same day:

This is not public information.

Aloha,

kd

Vital Statistics
Office of Health Status Monitoring
Hawai’i Department of Health
1250 Punchbowl Street
Honolulu, HI 96813

http://www.therightsideoflife.com/2009/07/13/certifigate-if-its-not-a-fraud-how-do-we-really-know/

I have posed this question to others and would like your answer. Chiyome Fukino testified as follows:

For more than a year, the Department of Health has continued to receive approximately 50 e-mail inquiries a month seeking access to President Barack Obama’s birth certificate in spite of the fact that President Obama has posted a copy of the certificate on his former campaign website.

http://www.capitol.hawaii.gov/session2010/Testimony/SB2937_SD1_TESTIMONY_JUD_03-16-10_1_.pdf

Why was Phil’s question not answered due to privacy if Dr. Fukino herself has stated that the “birth certficate” was posted? She is vouching for the accuracy of the web site image. The person requesting the information would have been Obama himself. Why is the receipt being protected?