Was Leo Donofrio's case fast tracked at SCOTUS today?!? Emergency review like Bush V. Gore?

Natural Born Citizen Blog - Leo Donofrio ^ | 11-20-2008 | Leo C. Donofrio

[Frantzie]

Posted: Nov.20.2008 @ 9:20 pm | Lasted edited: Nov.20.2008 @ 9:31 pm US SUPREME COURT TAKES EXTRAORDINARY EXPEDITED ACTION IN FAST TRACKING NJ CITIZEN SUIT CHALLENGING '08 PRESIDENTIAL ELECTION.

I am awaiting clarification from the Clerk's office at the United States Supreme Court as to whether my stay application has now been accepted in lieu of a more formal full petition for certiorari (and/or mandamus or prohibition). Such a transformation is a rare and significant emergency procedure. It was used in Bush v. Gore, a case I have relied on in my brief.

We do know the case has certainly been "DISTRIBUTED for Conference", a process usually reserved for full petitions of certiorari. Stays are usually dealt with in a different manner. As to a stay application, a single Justice may; a) deny the stay; b) grant the stay; c) refer the stay to the full Court.

[Tennessee Nana]

BTTT

[BP2]

The bigger issue is that Stanley (Obama’s mother), who was 16 when she gave birth to Obama, was a minor with regards to citizenship (the age is 14 NOW, 19 then). So citizenship would come from dear old dad in Kenya.

[TheZMan]

You misread my intent. If a citizen can sue a president elect, then why can’t I sue any government official?

There’s a buttload of nutballs in this country that will use this as a launch point for thousands of stupid lawsuits.

But keep launching salvos at me.

[Weirdad]

Hope so. Thanks for the heads up.

[unspun]

US Supreme Court case > US SUPREME COURT TAKES EXTRAORDINARY ACTION IN NJ CITIZEN SUIT CHALLENGING '08 PRESIDENTIAL ELECTION

Posted: Nov.20.2008 @ 9:20 pm | Lasted edited: Nov.20.2008 @ 9:31 pm

US SUPREME COURT TAKES EXTRAORDINARY EXPEDITED ACTION IN FAST TRACKING NJ CITIZEN SUIT CHALLENGING '08 PRESIDENTIAL ELECTION. I am awaiting clarification from the Clerk's office at the United States Supreme Court as to whether my stay application has now been accepted in lieu of a more formal full petition for certiorari (and/or mandamus or prohibition).  Such a transformation is a rare and significant emergency procedure.  It was used in Bush v. Gore, a case I have relied on in my brief.  

We do know the case has certainly been "DISTRIBUTED for Conference", a process usually reserved for full petitions of certiorari.  Stays are usually dealt with in a different manner.  As to a stay application, a single Justice may; a) deny the stay; b) grant the stay; c) refer the stay to the full Court.  

My stay application was originally denied by Justice Souter.  So, under Rule 22.4, I renewed it to Justice Thomas who did not deny it. The sparse reporting on this issue I have seen today has failed to stress how unique such a situation is to Supreme Court practice.  The vast majority of stay applications are denied.  And once denied, a renewed application is truly a desperate measure the success of which heralds one of the rarest birds in Supreme Court history. 

The relief I requested, a stay of the national election and a finding that candidates Obama, McCain and Calero be held ineligible to hold the office of President, has also not been granted at this time.  So that leaves option "c)": Justice Thomas has referred the case to the full court.  That much is clear from looking at the docket.  

What isn't clear is whether the full court has already examined the referral and taken the extraordinary action of accepting the stay application as if it were a full petition for writ of certiorari which was done in Bush v. Gore, 531 U.S. 98 at 98 (2000):

"The court ordered all manual recounts to begin at once. Governor Bush and Richard Cheney, Republican Candidates for the Presidency and Vice Presidency, filed an emergency application for a stay of this mandate. On December 9, we granted the application, treated the application as a petition for a writ of certiorari, and granted certiorari."  (Emphasis added.)

It's not clear that SCOTUS precedent would allow a stay application to be "DISTRIBUTED for Conference" without it first having been transformed by the court into a full petition.  I don't know if such a transformation could be sanctioned by Justice Thomas by himself.  Again, I'm waiting for an official disposition notice from the Clerk's office.  Regardless, either the full court has set this for Conference, or Justice Thomas has done it on his own.  Either way, it signifies an affirmative action inside the US Supreme Court testifying to the serious issues raised by this law suit.

Rather than explain the intense pre-requisites pertaining to a stay surviving denial, I've uploaded the following page from SUPREME COURT PRACTICE, 8th Edition, the ultimate SCOTUS resource:

[CaribouCrossing]

“I finally got in to the site but it is blank, just a white page.”

Same results here. I just tried again and now get the HTTP 400-Bad Request message.

[thesetruths]

Has anyone seen or know of a timeline of BO’s life?

We have always known the whereabouts of our Presidents, with no or few gaps as far as I know.

Is it even verified that That One’s grandmother raised him?

[Kevmo]

Thanks for posting this, it made a good placemarker at the Intrade thread.

[hiho hiho]

Another non-lawyer here, wondering, if it IS found that Obama doesn’t fit the Constitutional qualifications for POTUS, what happens? Another election? Joe Biden automatically gets the job? (Oh, Dear God, NO!) Nancy Pelosi sets up in the Oval Office???????

SEE:

http://www.freerepublic.com/focus/f-news/2132471/posts?page=1

[Nipfan]

“I think if this story did NOT have legs, the MSM would be all over it. The fact that they (the MSM) are not reporting on it tells me enough to know that THEY know this IS a big deal.”

You’re absolutely right! They’d be falling all over themselves ridiculing the plaintiffs.

[Cicero]

I also get nothing at the link. It’s possible that the server has been overloaded by curious Freepers and others. It’s also possible that the Obots have taken the site down.

I also noticed that FR had another seizure just about the time that this article was posted. There’s no doubt that Obama spies, like the clinton spies of earlier days, are constantly monitoring this forum. And it could be that they have orders to take it down when certain sensitive things are posted.

What could be more sensitive than this eligibility issue?

[mouse1]

“I want the President to provide proof of nukes in Iraq now that he’s started a war so we know he didn’t defraud the US.”

So, what the tons of yellow cake that were moved out of Iraq? Your position on this is insane. Obama has fought to keep the b.c. hidden, he has radical associations, he refuses to release any info about his past. But, according to you, “that’s ok” “let it slide”. What are you thinking?

[CaribouCrossing]

THANK YOU! AND BUMP!

[CaribouCrossing]

“You’re absolutely right! They’d be falling all over themselves ridiculing the plaintiffs.”

You know it! “They’d be falling all over themselves....”

[mouse1]

“I want the President to provide proof of nukes in Iraq now that he’s started a war so we know he didn’t defraud the US.”

So, what the tons of yellow cake that were moved out of Iraq? Your position on this is insane. Obama has fought to keep the b.c. hidden, he has radical associations, he refuses to release any info about his past. But, according to you, “that’s ok” “let it slide”. What are you thinking?

(sorry bobibutu - that wasnt meant for you)

[LongIslandConservative]

“Another non-lawyer here, wondering, if it IS found that Obama doesn’t fit the Constitutional qualifications for POTUS, what happens? Another election? Joe Biden automatically gets the job? (Oh, Dear God, NO!) Nancy Pelosi sets up in the Oval Office???????”

Would recommend that you look up the 12th and 20th Amendments. The answers are contained there.

[tubebender]

I have said the riots would start on Jan 20 but if this comes to pass all my bets are off...

[TheZMan]

I ‘splained my position after the post you’re quoting.

[mplsconservative]

I’m sure any government official, if questioned, would be happy to show me their Certificate of Live Birth, certifying them as an American citizen.

All Obama has to do to stop the lawsuits is provide his COLB. Any American citizen has to show one to get a passport or a Social Security number.

Show a legitimate COLB, stamped and signed, you’re done.

I get the impression that you think we’re “nutballs” because he hasn’t produced the basic qualifications to prove his citizenship. And you’re calling us nutballs?

[Cicero]

I also get nothing at the link. It’s possible that the server has been overloaded by curious Freepers and others. It’s also possible that the Obots have taken the site down.

I also noticed that FR had another seizure just about the time that this article was posted. There’s no doubt that Obama spies, like the clinton spies of earlier days, are constantly monitoring this forum. And it could be that they have orders to take it down when certain sensitive things are posted.

What could be more sensitive than this eligibility issue?