What Will SCOTUS Do ? ... My First Vanity Post

Vanity

[ComputerGuy]

"I just interpret the Constitution" Clarence Thomas

[ComputerGuy]

I'm thinking that the Donofrio case will give SCOTUS an opportunity to define what is meant by the phrase "Natural born citizen" and, with that in mind, just might be willing to take the case.

[panthermom]

With our so called “global society” and all the anchor babies, this needs to be addressed.

[webschooner]

I think, unfortunately, the Supremes will punt. But that should be no surprise — only a very small % of the cases that make it this far get taken by the court — somewhere in the low single digits I believe. So it would actually be a surprise if they took the case.

But even if they don’t take the case as widely expected, the issue will not go away. It will be a cloud over O’s presidency for 4 years, and the controversy and law suits will only grow. And then if he goes for re-election, it will become a major undercurrent and will be used in ads against him by various groups.

[Doug TX]

I hope you’re correct. If so, look for an atom bomb to go off in the media. Drudge will go large size siren and Rush, Hannity, Levin, Ingraham, etc. will have proven that they are tools.

[Puppage]

I think, unfortunately, the Supremes will punt.

Which would be BS. They are only supposed to "punt" cases that have nothing to do with The Constitution.

This has EVERYTHING to do with The Constitution.

[savedbygrace]

Here’s hoping we get at least four votes - Roberts, Thomas, Scalia, Alito. More would be stunning.

I mean, it’s about Obama this time, but if they punt, it could be about a Republican next time, or a future time.

[The_Victor]

You may be right about clarifying “natural born citizen”, but I don't expect them to do so in a manner that will overturn the election. That would create a whole new Constitutional crisis, since the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.

[Swingj]

I Think the SCOTUS is spineless and will punt, when they should take the opportunity to define Natural Born Citizen. If under the current definition of the it OBAMA fails to meet the criteria, then he should not be allowed to take the oath of office. I know that will cause riots and uproar, but no one person is above the laws of the land. We need to Stand strong and defend the constitution. to allow people to ignore it, weakens it’s meaning and value.

[Dick Bachert]

I have just sent this email to a personal friend who is a state representative here:

Dear *****,
This whole Obama VALID birth certificate flap has many folks here worried that the vetting of NATIONAL CANDIDATES by the political parties is NOT sufficiently rigid — or even exists at all.

Since Obama has REFUSED to present a valid, vault copy of said document, can you tell me if Georgia has a statutory requirement for such vetting by the state? Prohibiting Georgia’s electors from voting for a candidate failing to provide all necessary certified/legal documentation/information would be the goal. If enough states did so, it would keep future unqualified candidates from taking office and creating a dangerous Constitutional crisis.

If Georgia does not have such a statute, would you be willing to offer such legislation in the upcoming session?
I’d be happy to do the research into what OTHER states have done or are doing and/or help draft said legislation.

Thanks and have a MERRY CHRISTMAS and great ‘09.

Dick

[Always Right]

There is about a one in a google-plex chance that the Supreme Court will find the Obamessiah ineligible, and that may be overstating the chance.

[Diogenesis]

[savedbygrace]

the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.

No, it isn't. The 20th Amendment is specific about that. The Vice President elect becomes Acting President on Jan 20, until a President is qualified.

However, the step after that is unclear. Who can qualify a President after the elected one fails to qualify? Apparently, nobody. If I'm correct about that, then we would have Biden as Acting President for four years.

[bvw]

"I just interpret the Constitution" Clarence Thomas

That would be nice if all applied it, yet what most, by far, of what passes today for "constitutional law" is intellectually vacuous yet ornately inscrutable meanders around long histories of case law -- stare decisis.

[Always Right]

You may be right about clarifying “natural born citizen”, but I don't expect them to do so in a manner that will overturn the election. That would create a whole new Constitutional crisis, since the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.

Even if the Supreme Court rule Obama ineligible, the Senate would just ignore, and confirm Obama as the next President. The only thing standing in the way of Obama becoming the next president is the Senate, and they ain't stopping it.

[Reflex]

This will end up being a real thorn in the side of the Obamanese government if the USSC doesn't take it to clear it up now. Everyone Obama appoints will have this qualification question dog them as a matter of course, especially in criminal settings.I'm betting we have a better than single digit chance of the USSC taking it though, but i could be wrong.

[DBrow]

“since the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.”

I think that deficiency was discovered and addressed in the 20th amendment.

[Always Right]

The Supreme Court will rule it is the Senate’s job to determine if Obama meets the eligibility requirement of the Constitution. That is their easiest punt, and that is the course they will take.

[ComputerGuy]

That may be, but it is the job of SCOTUS to interpret the constitution.

[Diogenesis]

Best outcome: Cheney/Palin January 20, 2008

[Diogenesis]

Best outcome: Cheney/Palin January 20, 2008 2009