Posted on 11/20/2008 8:28:49 AM PST by Candor7
On December 5, 2008, only ten days before the electoral college votes, the nine Justices of the U.S. Supreme Court will meet in private to review Obama's citizenship status.
Leo Donofrio's case, "Leo C. Donofrio, v. Nina Mitchell Wells, Secretary of State of the State of New Jersey, United States Supreme Court Docket No. 08A407," regarding Obama's citizenship has reached a new level. The case has been "distributed for conference."
This docketing today by the court should send ripples of fear through the Obama camp. Obama has been proceeding at lightening speed to put together a cabinet and take possession of the White House with the hope that he won't have to answer the question of whether or not he was "at birth" a "natural born citizen."
Every major news network, print and cable news like FOX, CNN and MSNBC, have ignored all the court cases challenging Obama's eligibility as sore losers or conspiracy theories. It might be in their best interest at this point to report this critically important meeting to take place on December 5, 2008, or lose what little credibility they have left.
If four of the nine Justices vote to hear the case in full review, oral argument may be ordered. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College
The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the "national election" pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.
Leo Donofrio brought his case from a lower New Jersey court to the NJ Supreme Court -- was denied -- and then he filed an emergency stay application in the United States Supreme Court on Nov. 3, 2008, before the Honorable Associate Justice David Souter. Justice Souter denied the emergency stay application on Nov. 6.
Leo Donofrio renewed the application, as per Supreme Court Rule 22.4, to the Honorable Associate Justice Clarence Thomas by way of Express mail on Nov. 14. The application arrived at the Supreme Court on Nov. 17 and was submitted directly to Justice Thomas.
On Nov. 19, the case was docketed for full conference of all nine Justices and scheduled for December 5, 2008. It is not known at this time the exact details of how the case came to be "DISTRIBUTED for Conference".
Background on "The Justices Conference" is discussed as follows by the Supreme Court Historical Society:
"No outsider enters the room during conference. The junior Associate Justice acts as "doorkeeper," sending for reference material, for instance, and receiving it at the door...
Five minutes before conference time, 9:30 or 10 a.m., the Justices are summoned. They exchange ritual handshakes and settle down at the long table. The Chief sits at the east end; the other Justices sit at places they have chosen in order of their seniority
The Chief Justice opens the discussion, summarizing each case. The senior Associate Justice speaks next, and comment passes down the line. To be accepted for review, a case needs only four votes, fewer than the majority required for a decision on the case itself. Counsel for the litigants are directed to submit their printed briefs so that each Justice has a set several weeks before argument.
Repost?
The NJ SoS (might have) looked at the evidence of Obama’s birth, and said, “good enough for me.” The suit at hand seeks to mandate that the SoS verify Obama’s citizenship status at birth. It wouldn’t be the court demanding documentation; it would be the court mandating that the NJ SoS demand documentation.
I wouldn’t be surprised if the Court ruled that it lacks the jurisdiction to interfere with a state official doing her job. The Court generally won’t rule on a broad question if it can dispatch the case with a narrow one. Bush v. Gore was an exception, and an exceptional case where the court’s failure to act would have meant continued chaos; in the present case, if the court does nothing, the worst outcome is that the winner of the popular and electoral vote becomes president. There is not a lot of pressure on the justices to act.
There is another potential tack, that of enjoining the Electoral College from voting for Obama. That’s not what this suit seeks to do, and that would be an uphill battle, as the petitioner would be required to prove by (at least) a preponderance of the evidence that Obama is NOT a natural born citizen.
Hey Jeremiah, LucyT operates the only COLB ping I know of.
Also Freeper Beckwith, who wrote this thread’s article, will likely be following this story on update at The Obamafiles web site under Latest News:
Beckwith’s writing is always factually based and vetted as to sources.
The “drive by” liberal biased news media is watching this case trembling in fear. They are squirming and seathing hoping we don’t find out. It will be a thrill to watch them report this when they have no choice but to.
http://www.rallycongress.com/constitutional-qualification/1244
Congress has the power — it’s their job, in fact — to fill in any gaps or vagueness in the language of the Constitution. The federal courts can then strike down laws where those definitions are inconsistent with or flatly contradict the Constitution itself.
It would certainly be within the power of Congress to define “natural born citizen” within those limits, as it did when it passed a joint resolution declaring John McCain to be one.
I don’t see any way to invoke the Commerce Clause that wouldn’t require enough of a stretch to make a Cirque de Soleil contortionist howl in pain.
Polarik deserves a medal. His story of discovery and subsequent personal attacks on him were played out right here on FR. The CIA should hire him in their intel division.
Polarik's is an interesting journey that ALL Freepers should be aware of.
FR has some definite heavy weights on this issue.
We await the MSM use of the fake COLB as spin. We will become unchained and inundate THEM!
No. There's no precedent for this sort of thing, but the most likely scenario is that the electors would become free agents. Electors tend to be committed partisans; that's why they were picked for the gig in the first place.
If the Dem electors were prohibited from voting for Obama, they'd be on their own. The most likely case is that they'd caucus amongst themselves and come out with a vote for Biden. Next most likely is that they'd caucus and come out for Hillary. Whichever way the vote went, they'd have evert party official in their home states burning up the phone lines.
There are scenarios where the election could go to McCain, but the race isn't close enough for them to be remotely likely. If a swing of a few electors could turn the race, that would be one thing. But it would take nearly 100 electors switching to make that happen.
The final fail-safe, if the Electoral College can't come up with a valid result that gives one person a majority, would be for the race to go to the House of Representatives.
Education of hard knocks sometimes works the best. You learn.
That would be the scenario if Obama is disqualified.
The MSM will spin this story and use the fake COLB previously used by the ObamaSMear site, which was admitted by its maker to be a fraud, photo-shopped as discovered by Freeper Polarik.
Polarik deserves a medal. His story of discovery and subsequent personal attacks on him were played out right here on FR. The CIA should hire him in their intel division.
Polarik's is an interesting journey that ALL Freepers should be aware of.
FR has some definite heavy weights on this issue.
We await the MSM use of the fake COLB as spin. We will become unchained and inundate THEM!
That’s funny, I was thinking the same exact thing when I read that. Just the word “ritual” in a situation like this seems bit eery to me. Just not a good idea using the word ritual when you’re dealing with an issue like obama and the highest court in the land.
-—>No need to disclose if he doesn’t win since presenting fraudulent documents might have resulted in his removal from the Senate;
and if he does win, the likelihood of any sufficient challenge would be small. But sustaining the “will of the people” argument does not hold water.
There would be a significant number of people who would not have voted for Obama if they had known<-—
He would have been replaced on the ticket, and that is where Hillary’s team handled the situation badly, counting on Republicans to do the job for her.
For the open record on the board, the states who bind their Electors to vote by State Law are states that would be RIPE for lawsuits.
Everyone should see where their state stands and see if there is a lawsuit pending, yet.
Legal Requirements or Pledges as of November 2000
Electors in these States are bound by State Law or by pledges to cast their vote for a specific candidate:
ALABAMA - 9 Electoral Votes
Party Pledge / State Law - § 17-19-2
ALASKA - 3 Electoral Votes
Party Pledge / State Law - § 15.30.040; 15.30.070
CALIFORNIA - 55 Electoral Votes
State Law - § 6906
COLORADO - 9 Electoral Votes
State Law - § 1-4-304
CONNECTICUT - 7 Electoral Votes
State Law § 9-175
DISTRICT OF COLUMBIA - 3 Electoral Votes
DC Pledge / DC Law - § 1-1312(g)
FLORIDA - 27 Electoral Votes
Party Pledge / State Law - § 103.021(1)
HAWAII - 4 Electoral Votes
State Law - §§ 14-26 to 14-28
MAINE - 4 Electoral Votes
State Law - § 805
MARYLAND - 10 Electoral Votes
State Law - § 20-4
MASSACHUSETTS - 12 Electoral Votes
Party Pledge / State Law - Ch. 53, § 8, Supp.
MICHIGAN - 17 Electoral Votes
State Law - §168.47 (Violation cancels vote and elector is replaced).
MISSISSIPPI - 6 Electoral Votes
Party Pledge / State Law - §23-15-785(3)
MONTANA - 3 Electoral Votes
State Law - §13-25-104
NEBRASKA - 5 Electoral Votes
State Law - § 32-714
NEVADA - 5 Electoral Votes
State Law - § 298.050
NEW MEXICO - 5 Electoral Votes
State Law - § 1-15-5 to 1-15-9 (Violation is a fourth degree felony.)
NORTH CAROLINA - 15 Electoral Votes
State Law - § 163-212 (Violation cancels vote; elector is replaced and is subject to $500 fine.)
OHIO - 20 Electoral Votes
State Law - § 3505.40
OKLAHOMA - 7 Electoral Votes
State Pledge / State Law - 26, §§ 10-102; 10-109 (Violation of oath is a misdemeanor, carrying a fine of up to $1000.)
OREGON - 7 Electoral Votes
State Pledge / State Law - § 248.355
SOUTH CAROLINA - 8 Electoral Votes
State Pledge / State Law - § 7-19-80 (Replacement and criminal sanctions for violation.)
VERMONT - 3 Electoral Votes
State Law - title 17, § 2732
* VIRGINIA - 13 Electoral Votes
State Law - § 24.1-162 (Virginia statute may be advisory - “Shall be expected” to vote for nominees.)
WASHINGTON - 11 Electoral Votes
Party Pledge / State Law - §§ 29.71.020, 29.71.040, Supp. ($1000 fine.)
WISCONSIN - 10 Electoral Votes
State Law - § 7.75
WYOMING - 3 Electoral Votes
State Law - §§ 22-19-106; 22-19-108
Since there’s no precedent, as you say, then nobody really knows. Anything could happen.
Yes, the damage from an 0bama presidency will indeed be worse than the short term damage done by the rioters.
Definately agree. In Kenya, It took four months before things were back to normal after odinga lost. I’ll take 4 months of chaos and riots over 4 years of ruin and destruction any day.
The Democrats want to censor Conservative talk radio while at the same time Democrat news produced by NBC, ABC, CBS and CNN provides Democrat propaganda disguised as news.
The “news libs” ratings are going down, down, down.
http://www.rallycongress.com/constitutional-qualification/1244
Does this mean the electoral votes can still go to Mccain and Palin? Can this still be a Mccain/Palin victory?
I am not in a position to say and it gets complicated by the timing of the events.
Freeper lmo56 is well versed on this subject.
That alone will show Obambi to be a liar right off the bat, and produce enormous pressure for him to resign (and HRC will outmaneuver Biden for the Presidency).
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