I was just going to say that Donofrio must have gotten at least two votes, Thomas and Scalia, but probably your guess of three may be likelier.
It takes 4 votes to put it on the docket. I wonder which of the conservatives voted against Donofrio?
Aside from the fact that ignoring this issue is ignoring the Constitution, I hope SCOTUS understands that this issue is not going to go away, and if they refuse to act there will be bad feelings, and perhaps criminal revelations, during the next four years. The clinton machine couldn’t stop all the leaks, and I doubt whether the Obama machine will, either.
I was just going to say that Donofrio must have gotten at least two votes, Thomas and Scalia, but probably your guess of three may be likelier.
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Donofrio didn’t get any votes. When a Justice dissents from an order, it shows up on the Order List. (There were two such orders in the list today - Stevens dissented).
Donofrio’s order shows no dissent. Thus, there was no vote for granting the application or treating the application as a writ.
IMO, the issue is not ripe until AFTER the Electoral College votes on Dec 15. I get that from the specific wording in the 20th Amendment, “if the President elect shall have failed to qualify”. The ‘winner’ isn’t President elect until the EC votes.
If that’s true, then maybe Scalia was the No vote. IMO, he’s the the top Constitutional scholar on the Court. If the USSC were to rule before that, THEN we’d have a real Constitutional crisis, because we’d have no President after 1/19/09, and no proscribed way to get one. Too many electors are bound by State law to vote for Obama, who would be ineligible.
IMO. Add $4.75 to that, and you might get a Cappuccino at Starbucks or some such place. ;-)
“Aside from the fact that ignoring this issue is ignoring the Constitution, I hope SCOTUS understands that this issue is not going to go away, and if they refuse to act there will be bad feelings, and perhaps criminal revelations, during the next four years. The clinton machine couldn’t stop all the leaks, and I doubt whether the Obama machine will, either.”
I agree. There is a proverbial “Blue Dress” out there with Obama’s name on it.
“It takes 4 votes to put it on the docket. I wonder which of the conservatives voted against Donofrio?”
Since it is almost certain that Scalia read Cort’s brief before the 5th, is it not possible that the conservatives, when they met on the 5th, discussed the issues and said the brief filed to Scalia was more appropriate to hear?
Maybe this could be seen in a positive light. Even if the electorial college meets before the case is heard....there is no reason to assume that IF the court heard the case and IF they ruled in favor of the plaintiff....Mr. Obama could be forced to vacate the Oval Office. Of course, then we would have Biden for president, but he would be a lame duck from the get go.
Speaking of the Clinton machine, I’ve been wondering why, if Hussein’s citizenship, BC, etc., are problems, Hillary and her thugs didn’t pursue this to the bitter end during the primaries. They’re ruthless and thorough. If Hussein was actually unqualified, wouldn’t that have surfaced months ago, compliments of PIAPS? Just wondering.
Still praying he won’t be sworn in...