So the outcome of the Supreme Court conference, if they choose to hear the case, might be this:
1. The Court hears arguments about how a Nicaraguan-born candidate was allowed on the ballot of New Jersey. The question is why, and how many other states allowed this candidate onto the ballot, and why?
2. The Court hears arguments as to what evidence would be sufficient to prove Article II qualifications. The Court hears the difference between a hospital birth certificate signed by delivering doctors, and certifications of live birth given by states up to a year after a birth. They also hear arguments on how to handle non-hospital births.
3. The Court rules that authority to determine Article II qualifications begins with state Secretaries of State as they certify candidates. The Court lays out what evidence a candidate must present in order to qualify. That evidence is a) the original birth certificate signed by the delivering doctor, then b) a certification of live birth filed within 24 hours of a non-hospital delivery, with a doctor's signature attesting to the medical examination of the baby.
4. Here's the tricky part -- does the Court offer a remedy in this situation, being that the candidates must provide such evidence before either the Electoral College votes or Obama is sworn in (McCain has, Obama has not), or does the Court pass on this election and stipulate that this ruling is for elections from 2012 and beyond? If it is the former remedy, then Obama may be in trouble; if it is the latter remedy, then he wins by holding out.
-PJ
In Hawaii, which is the state holding some kind of birth certificate for BHO, there are two "birth certificates". One, the Certificate of Live Birth, *is the "hospital birth certificate". Oh not the nice souvenir one that the hospital may give the parents, but the official "long form" birth certificate signed by the mother, the doctor and a hospital official (aka local registrar). The Certification of Live Birth is an extract of information, based on the Certificate's information, contained in the states health records data base. What posted on the Obama, Kos and Fact Check websites was purported to be a "Certification" not a "Certificate.
However the state will issue a Certificate, even after longer than one year, and for a baby not born in Hawai for children who parents meet certain residency requirements. However the Certificate will note that information, while a Certification based on it will not. That's why the Certificate not just the Certification is needed.