[browardchad]

Clarence Thomas’s view was that even though Souter rejected Donofrio vs. Wells, he said there’s a constitutional issue at stake. He risked the ire of his colleague. So that signals he thinks it’s important, which it is.

Kevmo, please don't mischaracterize Justice Thomas that way. He hasn't made any statements, and so we don't know his opinion on this issue.

The fact is, he followed standard practice, as described in the SCOTUS publication "A Reporter's Guide to Applications Pending Before The Supreme Court of the United States" --

There are several possible scenarios for the disposition of an application:

• A Justice may simply deny without comment or explanation.

•  If a Justice acts alone to deny an application, a petitioner may reapply to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application.
  

• In practice, applications usually are referred to the full Court by the second Justice to avoid such a prolonged procedure.
  

In other words, the second Justice routinely refers applications to the full Court, to avoid having a petitioner re-submit it four more times. If Donofrio had resubmitted the app to Ginsburg, it would likely have obtained the same results.

Even Donofrio, who, in his enthusiasm, originally believed Thomas' action was some sort of affirmation, admits that he was mistaken in that belief.

There's nothing wrong with discussing this issue; certainly everyone's entitled to their opinion, and concern.  It's when theories that haven't been proven are stated as facts, and those who disagree are attacked (such as the ad-hominems aimed at Horowitz on this thread) that the discussion crosses over to the emotion-based irrationality that has chararacterized the left for the past 8 years.

[Political Junkie Too]

I'm afraid that what Horowitz (and others) might be saying between the lines is that the issue is a legitimate Constitutional issue to resolve, but not with the case of the first African-American elected president. They see that as the bridge too far. In my opinion, they would rather see an ineligible African-American president, than the first African-American elected president disqualified on Constitutional grounds, even if the candidate himself knowingly committed fraud on the electorate in order to win.

They just don't want to go there. Like Obama himself who wrote of not wanting to research his mother's marriage for fear of what he might find, people like Horowitz don't want to research this for fear of what they might find.

-PJ

[Alia]

Thank you for explaining the procedures and process. I did not know this; and yes, it makes sense.

It's when theories that haven't been proven are stated as facts, and those who disagree are attacked (such as the ad-hominems aimed at Horowitz on this thread) that the discussion crosses over to the emotion-based irrationality that has chararacterized the left for the past 8 years.

Yeah.. that's a problem I have about all this, as well. It amounts to throwing out the baby with the bathwater, and later lamenting in wondering what happened to the baby.

[Kevmo]

Thanks for that heads up about 2nd justices.

Even Donofrio, who, in his enthusiasm, originally believed Thomas’ action was some sort of affirmation, admits that he was mistaken in that belief.
***Then what I wrote was a mistaken belief rather than a mischaracterization.

Here’s something Obama might wish he had not said:

“Let me also say that I remain distressed that the White House during this confirmation process, which overall went smoothly, failed to provide critical documents as part of the record that could have provided us with a better basis to make our judgment with respect to the nomination. This White House continues to stymie efforts on the part of the Senate to do its job. I hope with the next nominee who comes up for the Supreme Court that the White House recognizes that in fact it is its duty not just to the Senate but to the American people to make sure we can thoroughly and adequately evaluate the record of every single nominee who comes before us.”
—Barack Hussein Obama