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To: Aria

IMHO, Chief Roberts is the stumbling-block on all of the BHO “natural born citizen” cases and won’t allow any of the cases to be heard. His photo giving BHO the oath of office will be printed in tens of millions of textbooks! Afterall, BHO is the first (partially) African (but mostly Arab) American President! That’s a great legacy for anyone to have and a supreme ergo bust for Roberts! Now contrast what his legacy would be if Roberts decided to hear any cases? Can you say Kenneth Starr?!?!


110 posted on 01/26/2009 10:50:58 AM PST by SoCalSteve (Chief Roberts is the Problem!)
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To: SoCalSteve

IMHO, Chief Roberts is the stumbling-block on all of the BHO “natural born citizen” cases and won’t allow any of the cases to be heard. His photo giving BHO the oath of office will be printed in tens of millions of textbooks! Afterall, BHO is the first (partially) African (but mostly Arab) American President! That’s a great legacy for anyone to have and a supreme ergo bust for Roberts! Now contrast what his legacy would be if Roberts decided to hear any cases? Can you say Kenneth Starr?!?!


The way the Supreme Court operates to decide which cases it will take is via what is known as “the cert pool” and the “rule of four.” All the cases that are submitted to be heard by the Court are divided up equally among the law cleaks of seven of the justices (Justices Stevens and Alito have opted out of this process). The law clerks for each Justice read the cases and make recommendations to their Justice on whether the full Court should hear the case or not. Of course the Justice can overrule his clerk and advocate for a case but if a Justice thinks that a case should be heard, that Justice needs to get three other Justices to agree to hear the case (the rule of four). If four Justices agree to hear a case, that case is granted a Writ of Certiorari which is fancy legalese for o.k., we’ll hear your case.
Thus far none of the Obama eligibility cases have been denied by Justice Roberts because the luck of the draw haven’t sent any of these particular cases to his clerk in the cert pool.
For example, Berg v Obama has been denied under Justice Souter, Justice Kennedy and Justice Scalia. That means none of those Justices could get three others to agree to take on Berg’s eligibiliy suit against Obama.


148 posted on 01/26/2009 5:06:19 PM PST by jamese777
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