[Seizethecarp]

“I am a real Constitutional Lawyer, admitted to practice before the U S Supreme Court and having argued Supreme Court cases; I get paid lots to render opinions based on my reading of existing cases, statutes, and other law; no doubt in my mind that if and when asked, the Supreme Court is going to hold that born in the USA is sufficient; but still hypothetical in that the Court has not yet been asked that precise question.”

“But there is a real bottom line here and it is that Obama was born in Kenya, pretty clearly under circumstances in which he was not even a citizen at birth, and there is no way he is a Natural Born Citizen for purposes of the Constitutional eligibility question.”

Lots of Constitutional lawyers had no doubt as to how the Heller ruling would come out and were wrong. Now we hear lots of Constitutional lawyers having no doubt that ObamaCare will be upheld. I certainly hope they are wrong, too. That said, I agree with you (as a non-lawyer) that the probability is that SCOTUS would find Obama to be eligible if the HI COLB were to be submitted into evidence uncontested.

You appear to have a surprisingly confident opinion (for a lawyer) regarding what you claim to be proof that Obama was born in Kenya. On what do you base this opinion?

Is it Lucas Smith's Kenya CPGH BC? My non-lawyer reading of the FRE is that this BC wouldn't even be admissible as evidence to challenge the HI COLB (if in evidence) unless it was authenticated by Kenyan authorities, a prospect fraught with credibility problems either way due to corruption and Obama tribal relatives in the government.

Judge Carter said that with equal authentication of BCs between HI and Kenya, he would feel compelled to rule in favor of the HI BC. This logic allowed Carter to make an “even if true” ruling that the plaintiffs could not prevail with the Smith CPGH BC.

It seems to me that only if Obama’s original vital records are called into question, such as amendment of an original Kenya birth location to change it to show HI, could a judge following Judge Carter's logic give priority to an authenticated Kenya BC.

I would be interested on how you came to conclude so strongly that Obama was born in Kenya and whether the evidence underlying your conclusion could meet FRE requirements.

[butterdezillion]

I don’t think Judge Carter even knew that the Factcheck COLB is a forgery - much less that what Hawaii has for Obama doesn’t qualify as prima facie evidence.

I believe that Obama’s Hawaii birth certificate itself would refute its own claim that Obama was born in Hawaii - because Obama had to complete the medical portion in 2006, when all it would have taken to complete it in 1961 would have been a visit to a Hawaii doctor, if he and his mom were in Hawaii for the birth, as claimed on the BC.