jamese777 said:
The Supreme Court is not a court of original jurisdiction. They would send an appeal back to the Court of Appeals for a trial on the merits. After that trial and appeals are heard and the actual finding gets back to the Supremes, it would be well after the 2012 election.
The Supreme Court is a court of original jurisdiction. Here are the cases where a party can directly submit a case to the Supreme Court, as per U.S. Code:
(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.
(b) The Supreme Court shall have original but not exclusive jurisdiction of:
(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;
(2) All controversies between the United States and a State;
(3) All actions or proceedings by a State against the citizens of another State or against aliens.
Obama can not pass any further law upon immediate decree he is ineligible, should the case ever be decided and the decision claims the Natural Born Citizen clause is what it is supposed to mean.
A sidebar to this is why the multiple states did not just go directly to the Supreme Court for the health care bill. Apparently the attorney generals do not know the law.
Has anyone attempted to have the Supreme Court exercise original juristiction on an Obama’s Eligibility lawsuit?
Here are the Obama eligibility suits that have reached the Supreme Court thus far:
1)Berg v Obama
2)Beverly v Federal Elections Commission
3)Craig v US
4)Donofrio v Wells
5)Herbert v Obama
6)Hollister v Soetoro
7)Kerchner v Obama
8)Lightfoot v Bowen
9)Schneller v Cortes
10)Taitz v MacDonald
11)Taitz appeal of Sanctions in Rhodes v MacDonald
12)Wrotnowski v Bysiewicz
None of them is a lawsuit seeking original jurisdiction by the Supreme Court.
Obama announced his candidacy for the presidency on February 10, 2007. It has been more than four years and no one has applied to the Supreme Court to have Obama’s eligibility heard as an original jurisdiction case.
There is no such thing in American law as a decree that a president in ineligible. It ain’t going to happen under separation of powers.
The Court could hand down a decision favorable to those challenging Obama’s eligibility and then Congress could impeach him.
As US District Court Judge David O Carter already ruled: “On the day President Obama took the presidential oath and was sworn in, he became President of the United States. Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms from removal of a President, either through impeachment or the succession process set forth in the Twenty-fifth Amendment. Plaintiffs attempt to subvert this grant of power to Congress by convincing the court that it should disregard the Constitutional procedures in place for removal of a sitting president. The process for removal of a sitting president, REMOVAL FOR ANY REASON, is within the province of Congress, not the Courts.”
Barnett v Obama, October 29, 2009
No Health Care lawsuit has sought a Supreme Court ruling as an original jurisdiction case either.
