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To: visually_augmented

“But perhaps you could explain to me how no one (at least so far) has had standing to present this argument before SCOTUS?”

That’s myth. Many birther cases have been dismissed on grounds other than standing. The first birther application to SCOTUS was on Donofrio v. Wells, in which standing was not an issue. It was a New Jersey state case so the federal standing doctrine did not apply.

The plaintiffs in Ankeny v. Daniels got a clear opinion on just this issue from the Court of Appeals of Indiana:

“Based on the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are ‘natural born Citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents.” — Unanimous opinion of a three-judge panel of the Court of Appeals of Indiana, Ankeny v. Daniels 916 NE2d 678, 688 (2009)

Ankeny and Kruse petitioned for transfer to the Supreme Court of Indiana, which denied transfer with all justices concurring. At that point they could have petitioned for certiorari to the SCOTUS and argued that “a state court [...] has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.” See Rules of the U.S. Supreme Court, Rule 10(c).

The plaintiffs decided not to petition for cert.

Remember when the Vattel-birthers, particularly the lawyers, were excited about assisting Steve Ankeny and Bill Kruse in preparing their petition for cert, because Ankeny v. Daniels drew such a clear opinion on the NBS issue from a state court in conflict with the real federal definition? I expect you don’t remember it, because it did not happen. It was far and away the best chance Vattel-birthers ever had to get a SCOTUS opinion on their theory, and they cowered out. ‘Twas not o-bots who stopped the U.S. Supreme Court from reviewing the Indiana court’s opinion that the native-born are natural-born; ‘twas birthers.

If there’s one thing birthers hate more than not getting answers to their questions, it’s getting answers to their questions.


58 posted on 12/17/2011 4:19:09 PM PST by BladeBryan
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To: BladeBryan

Butterfly Bilderberg


62 posted on 12/17/2011 5:01:53 PM PST by bushpilot1
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