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To: devattel

It depends on whether the Supreme Court will make a decision before 2012 (or later should he be re-elected). If they decide and he is found ineligible, he will not be able to sign anything ever again.


The Supreme Court is not a court of original jurisdiction. They would send an appeal back to the Court of Appeals for a trial on the merits. After that trial and appeals are heard and the actual finding gets back to the Supremes, it would be well after the 2012 election.

After the Supremes conference on Hollister v Soetoro today, there is no Obama eligibility appeal on their docket for the rest of 2011.

Look up the “de facto officer” doctrine and you’ll see that no actions of Obama’s would be invalidated by a later finding of ineligibility.


178 posted on 03/04/2011 11:12:03 AM PST by jamese777
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To: jamese777
jamese777 said:

The Supreme Court is not a court of original jurisdiction. They would send an appeal back to the Court of Appeals for a trial on the merits. After that trial and appeals are heard and the actual finding gets back to the Supremes, it would be well after the 2012 election.

The Supreme Court is a court of original jurisdiction. Here are the cases where a party can directly submit a case to the Supreme Court, as per U.S. Code:
(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.
Obama can not pass any further law upon immediate decree he is ineligible, should the case ever be decided and the decision claims the Natural Born Citizen clause is what it is supposed to mean.

A sidebar to this is why the multiple states did not just go directly to the Supreme Court for the health care bill. Apparently the attorney generals do not know the law.
180 posted on 03/04/2011 2:20:27 PM PST by devattel
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