SCOTUS Re: Obama....Live Thread

[maineman]

I thought we should have a link to post any and all updates.

[Free America52]

Pure speculation. When we hear Leo say that or see the SCOTUS docket updated, then we will know. Until then, it’s anybody’s guess what is going on.

[Blu By U]

Wouldn’t it be something if a coulple of the old guys in there felt strongly about this that their going for blows over issues. Wouldn’t you like to be that fly watching. I would.

[patriot08]

What happened to the ‘thousands in 48 hours’ that Ed Hale promised to recruit for the vigil?
Is he just a big bag of wind?
He said on his show that he knew a ‘document researcher’ in Hawaii who has seen Obongo’s birth certificate and it indicated Obongo NOT born in U.S., and that he didn’t know if he would sign an affidavid.
I guess now we can’t believe that either.

[Free America52]

Would you shut up already!!! You are posting the same garbage all over the place with different usernames. STFU.

[seekthetruth]

Thanks, but I will wait to hear what Leo Donofrio has to say this evening. It may be that they only release comments about the cases they have decided on, and they have not yet decided on Leo’s case. Could be Monday before we know.

I also read on another thread comments about it’s over, the case is denied. Come to find out those comments were taken from a blog, with it’s source being the media. So, like I said, I will wait to hear from Leo himself.

[Deepest End]

No. The cases people are referencing are orders for cases that were previously heard.

Donofrio's case is in conference to determine if it will be heard.

Big difference.

From http://www.supremecourtus.gov/casedistribution/casedistributionschedule.html :

"Generally, if a case is considered at a Conference, viewers can expect that the disposition of a case will be announced on an Orders List that will be released at 10:00 a.m. the following Monday."

No one ever expected to see the web site updated with anything today. Relax, stay informed and wait until Monday.

[Deepest End]

The blog you reference is accurate in that it depicts 2 cases where certiorari was granted:

(ORDER LIST: 555 U.S.)
FRIDAY, DECEMBER 5, 2008
CERTIORARI GRANTED

08-368
AL-MARRI, ALI V. PUCCIARELLI, JOHN
The petition for a writ of certiorari is granted.

08-441
GROSS, JACK V. FBL FINANCIAL SERVICES, INC.
The motion of National Employment Lawyers Association for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is granted.

However that has nothing to do with Donofrio's case.

See my post #726

[cpforlife.org]

“Beer is living proof that God loves us and wants us to be happy” ~ Benjamin Franklin

One of my favorite quotes!

The sun is setting, it’s been a loong week, I love God, and I am happy to say that I love the icy cold beer in ma fridge!

[seekthetruth]

Thanks for the information! :)

[Sola Veritas]

“Obama needed to tighten as much of a noose around the Hawaiian Dept of Health as he could. That would mean big payoffs to Lingle and the head of the DOH. The danger to him is that anyone who works there could get a copy of his BC and circulate it for forensic analysis (it’s likely to be a forgery by this time anyways). The real key is the doc#, and the surrounding doc#’s, because if it’s a fake document # then he’d be using someone’s who died at that time, and he restricted the time of birth on the fightthesmears website. Once the document sees daylight, guys like Polarik will prove it’s forged.”

I don’t know how Hawaii’s Dept of Health works, but I worked for many years for the OK Dept of Health and my wife actually worked in Vital Records where birth and death certificates were kept. All of these records were ALWAYS in a vault with very restricted access. Only a small handful of persons could get direct access to birth certificates. They were VERY careful about this. So, based upon my experience in Oklahoma, I wouldn’t read too much into his record being sealed - most are already just that.

Now that being said, I’m certain that extra precautions are being taken at DOH Hawaii to ensure that a rogue employee doesn’t release a bootleg copy of Mr. Obama’s BC. Even if it showed nothing unusual, it would cause heads to roll at DOH. Notice how state employees that improperly released information on “joe the plumber” are being grilled. Someone, in that case, maybe several state employees are going to lose their jobs and may face criminal charges. The same would be true of DOH Hawaii employees that release ANY BC improperly. I’m not too concerned about bribery.

All that being said.....I would still like to see the vault copy of Mr. Obama’s BC. If he has nothing to hide, why the stall? Just remember that the record being sealed is not significant per se.

[Lmo56]

No one ever expected to see the web site updated with anything today. Relax, stay informed and wait until Monday.

***

BTW:

If people are relying on scotusblog.com for their info ... forget it.

I just searched the entire site for Donofrio, Berg, Wells, and Wrotnowski ...

NO HITS - scotusblog.com NEVER heard of them ...

So much for being up-to-date ... or perhaps they are selective as to which cases they post on the blog ...

[DJ MacWoW]

Supreme Court mum on Obama-birth case [Decision due out on Monday]

I'm told by a Supreme Court watcher that the lack of an announcement doesn't mean the court definitely won't hear Donofrio although he thinks it's safe to say its unlikely the court won't hear the case. The full orders aren't due until Monday.

[Sola Veritas]

“Someone on active duty, even exercising their Constitutional Rights, would be subject to reprisals.”

Yeah, I explained that to someone earlier this week. Any active duty officer selected for the rank of Major (Lieutenant Commander) or higher must be confirmed by congress. An active officer would be killing there chances of promotion - especially if they were successful in their lawsuit. Too many Dems in congress could block their promotions.

Reservist officers aren’t quite as endangered. Only those selected for the rank of Colonel(Captain in USNR) or higher require congressional approval.

Your idea of a retired officer might be best. If you have retired after 20 years and are subject to recall, then I believe your commission is still in effect. For a regular officer I believe recall is only to 30 years of commissioned service (even on retired) list, or maybe it is age 60.

[BP2]

Here's some more thoughts to ponder this weekend...

Definitively, there is no definition that applies to "Natural Born Citizen" in the Constitution. Also, the 14th Amendment does apply in this case, as we've discussed here. The full text of the 14th Amendment does not mention the phrase "natural born citizen," nor does it address Presidential qualifications. The phrase "natural born Citizen" is not defined anywhere in the Constitution, as is true with most Constitutional terms.

However, many terms and phrases used by the Framers were derived from William Blackstone's works.

Today, U.S. courts frequently quote Blackstone's Commentaries on the Laws of England as the definitive pre-Revolutionary War source of common law; in particular, the United States Supreme Court quotes from Blackstone's work whenever they wish to engage in historical discussion that goes back that far, or further (for example, when discussing the intent of the Framers of the Constitution).

Blackstone's work has been used most forcefully as of late by Justice Clarence Thomas. U.S. and other common law courts mention with strong approval Blackstone's formulation also known as Blackstone's ratio popularly stated as "Better that ten guilty persons escape than that one innocent suffer."

Here's a passage from the Blackstone Commentaries. Note than many scholars and US court cases consider "Natural Born Citizen" and "Natural Born Subject" as relatively synonomous:

"The first and most obvious division of the people is into aliens and natural born subjects. Natural-born subjects are such as are born within the dominions of the crown of England, that is, within the allegiance, or as it is generally called, the allegiance of the king; and aliens, such as are born out of it. Allegiance is the tie, or ligament, which binds the subject to the king, in return for that protection which the king affords the subject. The thing itself, or substantial part of it, is founded in reason and the nature of government; the name and the form are derived to us from our Gothic ancestors.

"Allegiance, both express and implied, is however distinguished by the law into two sorts or species, the one natural, the other local; the former being also perpetual, the latter temporary. Natural allegiance is such as is due from all men born within the king’s dominions immediately upon their birth. For, immediately upon their birth, they are under the king’s protection; at a time too, when (during their infancy) they are incapable of protecting themselves.

"When I say, that an alien is one who is born out of the king’s dominions, or allegiance, this also must be understood with some restrictions. The common law indeed stood absolutely so; with only a very few exceptions: so that a particular act of parliament became necessary after the restoration, for the naturalization of children of his majesty’s English subjects, born in foreign countries during the late troubles. And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once.

"Yet the children of the king’s ambassadors born abroad were always held to be natural subjects: for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is sent; so, with regard to the son also, he was held (by a kind of postliminium) to be born under the king of England’s allegiance, represented by his father, the ambassador.

"To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2. that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband’s consent, might inherit as if born in England: and accordingly it hath been so adjudged in behalf of merchants.

"But by several more modern statutes these restrictions are still farther taken off: so that all children, born out of the king’s allegiance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attained, or banished beyond sea, for high treason; or were then in the service of a prince at enmity with Great Britain."

... and Barack Obama, Jr, was a British Citizen from his father at birth... it even says so on his website ...

[patriot08]

WHAT are you talking about?
I don’t have any different user names!!
Noone has worked harder than I have to bring Obama down.
How dare you!

[RegulatorCountry]

You both sound alarmingly like Keith Olbermann.

Take your n00b catfight outside, lol.

[unspun]

Noone has worked harder than I have to bring Obama down.

Very nice. It would be good to work with for the Constitution, too.

[RegulatorCountry]

Sounds kinda troll-plantish, doesn’t it?

[unspun]

I think a lot of conservatives are wary because they don’t want conservatives to be thought ill of or marginalized.

[DJ MacWoW]

Do ya think people are a little tense? lol

What they forget is that this is not the only case. There are more.