Posted on 11/26/2008 12:07:09 PM PST by ckilmer
Are you telling me that with all the money and all the dirty tricksters that work for the DNC and Obama that they couldn't forge a birth certificate and/or pay off the right people?
Do you really think that they are ignoring this even after it has reached the SCOTUS docket?
You don't think they are taking out an insurance policy? The stakes are too high.
“There are four lawsuits and one of them is from Alan Keyes.”
Actually, there are 17 lawsuits in 12 states ...
“But what can we expect if he wins at SCOTUS? Remand back to NJ or a demand for Obama’s birth certificate?”
They can toss it back to NJ, but it WOULD end up back in SCOTUS’s lap on appeal.
Also, there are 17 lawsuits coming down the pike ...
Seems to me that SCOTUS has to take the case under “original jurisdiction”, citing the “cases and controversies” clause of Article III of the Constitution.
Which ever way they decide, then the other 16 suits go away.
More efficient to do it that way ...
“What about the Donofrio case on Dec 5th, going to conference? How does that play out and why are they doing it?”
Right now it is about resolving the status of the case. They have a conferenc and, if 4 justices want to hear the case (aka “the rule of 4”), then they set a date for arguments.
“How about seating number two while eligibility was in question? (Would they come up with an “Office of the Acting President” seal for Biden or Pelosi?)”
Read the 20th Amendment:
... 3. 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 ...”
“Donofrio argues that these facts admitted by Obama spokesmen establish WITHOUT MORE that Obama is not eligible for the presidency.”
Excellent Post ...
Well put and thanks for the added information. I am following this issue but you made a couple points I haven’t heard or thought of.
There are NO hospital records for his mom, zero, none, zip, nada.
bttt
I agree with all of your arguments about BO’s inability to create a forgery.
I have posted several times about the chronological numbering system in Hawaii.
You can’t pull a number out of a hat. The number on the top right hand corner has to be right in line with the “real” babies born in Hawaii on that date.
There are no skipped numbers.
And if they try to use a number that belongs to someone else, I believe someone (we Freepers?) will find out the truth.
I believe if a long form BC is shown as proof, we (American voters) need to demand to see the serial or registration number.
Not a blacked out number as he had on the “forged” short form.
What is the point of your post???
danamco, best explanation of the right argument that I have seen so far. EXCELLENT !
That's incorrect. A Writ of Certiorari is an order from a superior court to an inferior (subordinate) court, demanding that the lower court transfer the case to the higher court. Asking for a Writ of Cert (petitioning for the writ) is asking the higher court to take the case. Berg has asked SCOTUS to take the case away from a lower court.
The mechanism for asking an appellate court to "take the case," where the appeal is not available as a matter of right, is a petition -- a request, if you will. Opponents to the request may file counterarguments, if they want to. But they aren't obliged to. The only thing due on Dec. 1 is a rebuttal to the petition for SCOTUS to take the case. There is absolutely no requirement that Obama present a birth certificate, or even a counter-argument.
IF CERT is not issued the case will not be heard.
My summary obtains exactly the same conclusion. If the superior court does not order the inferior court to transfer the case, then the superior court is essentially saying "we aren't going to hear this case."
Courts never issue Writs of Cert to private parties. Writs of Cert run only from a superior court to an inferior court.
When an appeal is not available as a matter of right, private parties petition the Court to issue a Writ of Cert. That's the procedural posture of this case, at this time.
You may suggest whatever you wish to suggest. My initial post was basically in response to a contention that Obama is obliged, by a Writ of Certiorari, to produce evidence of his birth to the Supreme Court of the United States. I'm of a mind, at this point, that commenting on this thread was a mistake on my part. Even though what I posted was correct, it was clearly unwelcome. Since you don't need any lessons, my initial post was also unnecessary. Good day.
08A505 just popped up on 08-570 as a new injunction for Souter to deny.
It looks like Berg has re-filed the injunction motion that Souter earlier denied. Presumably he has added some new facts and I think that he has added his new theory about Chester Arthur, although for the life of me I cannot see what that has to do with Barack Obama.
08A505 was let through by Scalia; distributed for conference January 16th 2009. Obama has gone to Hawaii, again.
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