Holy Buckets. SCOTUS Will Hear Obama Citizenship Case.

Marketwatch Community Blog ^

[dascallie]

Today, the United States Supreme Court scheduled the case - Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey - US Supreme Court Docket No. 08A407 - for a conference of the nine Justices. The conference is a completely private affair and the public may not attend. If four of the nine Justices vote to hear the case in full, oral argument may be scheduled. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College.

[mad_as_he$$]

Yup, too early to be posting. Must wait for the coffee to work!!! How about no FOUL of the law. All though in this case a bad smelling bird is appropriate.

[panthermom]

In the 1960’s Kenya was still part of the British Empire, so I would imagine that they would keep records.

[uncbob]

If Obie is ruled inellegible, it’ll be President Biden. Yeah, that’ll be better.

It is a matter of upholding the law no matter who gets elected

Besides at least Biden isn't talking about a national Gestapo

[Faux_Pas]

"We're not Last because we're right, We're right because we're last" ~Sandra Day O'Connor

[Dead Corpse]

We haven’t been following it all that much up to now. Do you really think that’d slow ‘em down one jot?

[bmwcyle]

OK

[savedbygrace]

OK, then please explain to us exactly what the Constitution says is supposed to happen at that point in time. Please source your reply.

[MrB]

A Private Conference is so that Buttock’s lawyers can say -

hey, look, heres the BC, it says he’s born in Hawaii, but it also says “religion: Muslim” or “Father: [not who he claims]”

and this would be too embarassing to bring out in public.

The upshot is, we’ll probably NEVER see it, and every treaty, law, and EO will be suspect as being invalid.

[MrB]

That would be interesting -

Biden takes McCain as his Veep. That would heal some divisions, though the center left mushiness of it will not help the country as a whole.

[Girlene]

From Procedures of the Supreme Court of the United States ,

Since the Judiciary Act of 1925 ("The Certiorari Act" in some texts), the majority of the Supreme Court's jurisdiction has been discretionary.[3] Each year, the court receives approximately 7500 petitions for certiorari, of which approximately 150 are granted.[4] In theory, each Justice's clerks write a brief for the Justice outlining the questions presented, and offering a recommendation as to whether certiorari should be granted; in practice, most Justices (all of the current court, except Justices Stevens and Alito) have their clerks participate in the cert pool.

So if I understand that properly, the case has about a 2% chance of moving forward. Still, it's better than zero.

[Non-Sequitur]

Holy Buckets. SCOTUS Will Hear Obama Citizenship Case.

What part of "(i)f four of the nine Justices vote to hear the case in full, oral argument may be scheduled" is unclear to the blogger? The Supreme Court has not said it will hear the case. The justices are meeting to decide whether to hear the case or not.

[erkyl]

In conference, only 4 have to agree to a hearing. We have at least 4 conservative judges on SCOTUS don’t we? Roberts, Scalia, Thomas and Alito?

[muawiyah]

Oh, lord, no, not another millenia of “if the priest be false” arguments ~ !!!!!!!!!!!!!!!!!

[Elderberry]

I wouldn't think that they would rule on Obama's eligibility. I would think that they would kick it back to New Jersey saying that they Sec of State did not perform her duties in not thoroughly determining all the candidates eligibilities.

[petercooper]

Rules is rules.

[Non-Sequitur]

...this would cause a literal explosion of racial riots and unrest throughout the US. It would go on for years both in the streets and in stores, neighborhoods, schools, you name it. I CAN HARDLY WAIT!

Kind of a sick puppy, aren't you?

[Non-Sequitur]

If he is ruled ineligible who will be the president elect?

I believe the 20th Amendment has all the answers you're looking for.

[bannie]

Exactly.

I hope that I’m wrong; but I believe that the Supremes won’t want cause that kind of fuss.

[Non-Sequitur]

OK, then please explain to us exactly what the Constitution says is supposed to happen at that point in time. Please source your reply.

"If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified."

Source: Article III, 20th Amendment to the Constitution of the United States.

[libstripper]

It could be McCain / Biden

Curiously, it could end up with just Biden. A few months ago the Slimes ran an article where it interviewed a group of law professors (I don't have the link) who opined that McCain, having been born in the Canal Zone, was not a "natural born" citizen. If SCOTUS determined that argument to be correct and it was discovered that Obama was actually born in Kenya, we'd probably be left with Biden. Of course, we wouldn't need to worry about any threats from the rest of the world for a while because they'd be too convulsed with hysterical laughter about our Three Stooges level of ineptitude to do anything.