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Justice Thomas: 'The court is 'avoiding' the Natural Born Citizen question.
CSPAN ^ | April 15,2010 | CSPAN

Posted on 04/16/2010 7:23:33 AM PDT by penelopesire

A curious thing happened in the Supreme Court budget hearing yesterday. Rep. Joe Serrano went on a long monologue about 'diversity' in the court and even said he would be glad when the day came, that a Puerto Rican could be president...to which Thomas replied that the court was avoiding that question. Nervous laughter ensues and the topic is quickly dropped. I'd like to know what my fellow FReepers think of the exchange.

It happens around the 1:13-1:14:10 mark in the video. It would be great if someone could isolate that exchange and put it on YouTube so everyone could hear it without sitting through the entire hearing.


TOPICS: Heated Discussion
KEYWORDS: article2section1; birthcertificate; birthers; certifigate; citizen; citizenship; clarencethomas; eligibility; ineligible; justicethomas; kenya; naturalborn; naturalborncitizen; nbc; obama; scotus; supremecourt; thomas; ussupremecourt; usurper
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To: BP2
"I've observed that Court's resistance to Political Question cases generally fades away when Political Capital has been spent and a politician's popularity is fleeting. We've seen that time and time again with Executives like Nixon, Bill Clinton, Blago and others. The reality is that Judges and Prosecutors generally do NOT like to butt heads with a popular Executive. Considering Obama's currently plummeting popularity numbers, it's far more likely that the SCOTUS would find it more palatable to resolve this issue regarding Obama's Eligibility, as well as set Precedence for other presidential candidates appearing on ballots at some point in the future."

Completely Agree! I've said that as well. There was no way, not a chance in 2008 / early 2009 that anybody in a position to do "anything" (i.e. The courts, Congress) was going to touch this issue because of his (perceived/pushed by state run media) popularity was high and that he was the first black (even though he's more white and arabic) POTUS. Now that his numbers are in the toilet, and people realize what this guy is doing to the country...there is less fear of being labeled a racist. The state run media will still try, but they are becoming less and less relevant.

101 posted on 04/16/2010 2:25:11 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: penelopesire

I agree! LOL .... slick and conniving.


102 posted on 04/16/2010 2:27:27 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: penelopesire
It has to be the threat of a civil war and/or violence

Yep. I remember the rumblings when this was first surfacing. My position then was the same as it is now: we can not allow an illegal president to destroy the country and do nothing about it because we are afraid that there will be violence or civil war.

In fact, if a civil war is in the cards, might as well be for the RIGHT reason, and not a straw man argument. Demanding compliance with the Constitution and FULL DISCLOSURE of his records is an imperative. Our country should not settle for less.

And which is worse? Doing nothing out of fear and being transformed into a third world banana republic, or fighting the Marxofascists NOW for control of the future of the USA?
103 posted on 04/16/2010 2:33:57 PM PDT by Canedawg (I'm not digging this tyranny thing.)
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To: Canedawg

>>> it’s clear what he’s referring to. But then he laughed it off, so it is impossible to infer that he has any frustration about it.

Check out the looped portion of this clip:

http://www.youtube.com/watch?v=7MNdweV8Qv4

I think he is frustrated about it, and since it was Thomas himself that brought up place of birth into the discussion, I have to conclude that it is important to him.

The issue that was being discussed by Serrano was whether or not his committee should be chaired by a judge.

Why did Thomas bring national birth into it?

Think a moment about what Thomas was actually saying...

“You don’t have to answer the question about where you were born”

Hmmmm.... then why does everyone else in the country have to present a birth certificate for things as simple as registration into little league baseball?

Not frustrated??? Think again...

He is just hiding it well.


104 posted on 04/16/2010 2:37:29 PM PDT by Safrguns
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To: penelopesire

Seranno who has put forth a bill for no term limits for POTUS, remarks something like, So you have decided I can be SCOTUS but not whether I can be president. Thomas is saying they are evading that question. In other words it is intentional.

Seranno wants sympathy for the district he represents who does not understand our language? It’s so tough hey Seranno?Oh but they understand suprema court. Seranno could tell them anything because they don’t understand english.

If they do not understand english they don’t deserve a vote unless they take a test they understand what they are voting for.

And that ILK Mrs Lee should not be anywhere near our supreme court nominees. She is disgusting, racist and a lying extremist who abused her position to use taxpayer funding as badly as Pelosi.

I adore Thomas!


105 posted on 04/16/2010 2:40:11 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: workerbee

Gesh,That’s what I was just thinking.


106 posted on 04/16/2010 2:43:03 PM PDT by fatima (Free Hugs Today :))
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To: Safrguns

He is just hiding it well.
**********************

Perhaps.

We both have a pretty good idea where he would come down on this issue, and he at least has the integrity to vote to hear the case, and not run from it.

I doubt that he is the one “evading it”.


107 posted on 04/16/2010 2:45:04 PM PDT by Canedawg (I'm not digging this tyranny thing.)
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To: gunnyg
Chester Arthur perpetrated a fraud as to his eligibility to be Vice President by spreading various lies about his parents’ heritage. President Arthur’s father, William Arthur, became a United States citizen in August 1843. But Chester Arthur was born in 1829. Therefore, he was a British Citizen by descent, and a dual citizen at birth, if not his whole life.

Obama could virtually be using this historical incident as his strategy to get past not being NBC. In other words, Obama wrote the book as a outline of his life and to put in other's minds his mother was a citizen. People consistently say his mother was a citizen so Obama was. There is no evidence she was a citizen anywhere except Obama's lying words.

People say it is not important. Obama was a british citizen sinks him period. I believe that but I think we need it all to end his tyranny as quickly as possible.

108 posted on 04/16/2010 2:50:35 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: Safrguns

The looped part is funny/interesting!


109 posted on 04/16/2010 2:53:08 PM PDT by Canedawg (I'm not digging this tyranny thing.)
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To: butterdezillion; All

So the court of public opinion does in some way affect the judicial courts?

Obviously not in all cases. But in high-profile cases where a judge or a panel might have to rule against a politician with Executive power, they seem to be MORE LIKELY to wade into the Political Question muck if the politician is weak vs strong. And in our representative government, political POWER, INFLUENCE and POLITICAL CAPITAL is directly tied to Popularity.

Even though Justice is supposed to be blind, she sometimes might take a peek to see if the Mayor, Commissioner, Governor, Attorney General or President being tried has the backing of the People and thus the Power to strike back if the case somehow ends in mistrial.

Photobucket

110 posted on 04/16/2010 3:05:39 PM PDT by BP2 (I think, therefore I'm a conservative)
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To: penelopesire; STARWISE
Based on listening to the videos, and using STARWISE's transcription:

"Serrano: you haven’t answered whether I can serve as president but you answer this one ?

Thomas: we’re evading that one .. we’re giving you another option."

IMO, it's clear that justice Thomas is directly referring to Serrano's statement that they (SCOTUS) haven't answered whether [Serrano] can be POTUS. Serrano is talking about the unsettled questioned surrounding Barry.

111 posted on 04/16/2010 3:13:15 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Non-Sequitur

Yes, I think of Thomas as being one of the most honorable men to ever be a supreme court judge. Laughing is generally very normal for such a man.

He is also hated by the left because he is a black conservative.


112 posted on 04/16/2010 3:13:53 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: Lurking Libertarian

“There were no recorded dissents from any of the Supreme Court’s denials of certiorari in eligibility cases. “

what’s this mean?


113 posted on 04/16/2010 3:15:11 PM PDT by Sophia777
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To: STARWISE

What is the other option??


114 posted on 04/16/2010 3:16:20 PM PDT by bushpilot1
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To: Safrguns
I think he is frustrated about it, and since it was Thomas himself that brought up place of birth into the discussion, I have to conclude that it is important to him.

No one knows better than Thomas how the left is criminal. How they can destroy a person at the drop of a hat and never look back. OUR VP sat on his confirmation and lied the whole time to make sure Thomas would never be confirmed. They set Thomas up. In the end truth won.

115 posted on 04/16/2010 3:17:40 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: rxsid; Lurking Libertarian

On another thread Lurking Libertarian says this:
Chief Judge Lambreth just ruled that the only people who have standing to bring a quo warranto are the Attorney General, the U.S. Attorney, and the person claiming to be the rightful holder of the office (which would be Biden).


My comment:

So that’s pretty tidy. The only people with standing are complicit in the fraud and have everything to gain and much to lose if a court ever hears it.

Catch 22 of all Catch 22s


116 posted on 04/16/2010 3:18:56 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: OafOfOffice

“People consistently say his mother was a citizen so Obama was. There is no evidence she was a citizen anywhere except Obama’s lying words. “

His mom wasn’t a citizen?


117 posted on 04/16/2010 3:19:45 PM PDT by Sophia777
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To: Canedawg

I think that the precedent of doing nothing about this issue sets up an even greater peril for this country in the long run. Obama has set precedent that anyone can be President of this country whether they were born here or not...whether they have a love for this country or not.

A Bad Moon is rising.


118 posted on 04/16/2010 3:20:53 PM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: Safrguns
Another clear conclusion I can draw from this is that EVERYBODY KNOWS ABOUT IT!!!

My exact conclusion. They don't want to touch it with a ten foot pole. Not because they like Obama, but because any decision they make will be a bad one for the people, whichever side they are on.

119 posted on 04/16/2010 3:22:10 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: Sophia777

No one has seen any evidence one way or another. For all we know, she might have naturalized as a citizen of another country when she gave birth. Since almost everything about 0bama is either unknown, exaggerated, lied about, hidden, etc - who knows?


120 posted on 04/16/2010 3:26:40 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: Sophia777

Stanley Ann Dunham does not have a United states birth certificate anywhere in vital records. Usually you can find it and then if related send away for the record. She is nowhere to be found.

The only Obama relative found anywhere in records is Madelyn in the census. She was like 7 years old living in her father Rollo Payne’s home at the time.

And obama’s grandfather’s records are nowhere to be found either. Interesting family that stepped out of a Obama book or the twilight zone.


121 posted on 04/16/2010 3:27:11 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: penelopesire

And whether they lie and hide and obfuscate and use voter fraud or not.

It’s insane. It’s ruinous.


122 posted on 04/16/2010 3:27:14 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: little jeremiah
everything about 0bama is either unknown, exaggerated, lied about, hidden, etc - who knows?

Exactly!

123 posted on 04/16/2010 3:28:14 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: OafOfOffice

Not because they like Obama, but because THEY THINK any decision they make will be a bad one for the people, whichever side they are on.


By acting like scared rabbit eunuchs, it will be much, much worse than bringing it out in the open and finding the truth. So much worse.


124 posted on 04/16/2010 3:28:34 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: Candor7

“Clarence is sending a message without sending a message. He is lettinng us know.BRING IT!!!!! “

I agree!


125 posted on 04/16/2010 3:31:32 PM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
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To: Sophia777

It means read Lurking Libertarian’s forum posts ro see who they are and why they come here.


126 posted on 04/16/2010 3:32:42 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: BP2

B U M P


127 posted on 04/16/2010 3:33:20 PM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
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To: OafOfOffice

I never realized that no-one can find proof that Stanley was born here either?!

Wow...are you sure? I am hopelessly behind on this BC stuff.


128 posted on 04/16/2010 3:38:10 PM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: penelopesire
I can see that the man is laughing..yes.It doesn’t mean that what he said isn’t true. The courts are ‘evading’ this issue.

Be careful, the trolls have a habit of glumming on if they see an opening. ;-)

129 posted on 04/16/2010 3:39:47 PM PDT by Red Steel
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To: rxsid

Sounds accurate to me. The whole thing was very odd to say the least. The nervous laughter was even odder.


130 posted on 04/16/2010 3:40:03 PM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: BP2
Remember, too, that many Conservative were SHAMED, so far as to NOT even use Obama's middle name of HUSSEIN, until Obama decided in December 2008 to use it for his Oath of Office on January 20 (and Jan 21).

Ah yes. Just ask Bill Cunningham of WLW in Cincinnati who dared to utter the legitimate middle name of the Dem nominee. And there was McCain, rebuking him soundly for supposedly embarrassing the candidate.

131 posted on 04/16/2010 3:41:25 PM PDT by Faith
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To: OafOfOffice

“Stanley Ann Dunham does not have a United states birth certificate anywhere in vital records. Usually you can find it and then if related send away for the record. She is nowhere to be found.

The only Obama relative found anywhere in records is Madelyn in the census. She was like 7 years old living in her father Rollo Payne’s home at the time.

And obama’s grandfather’s records are nowhere to be found either. Interesting family that stepped out of a Obama book or the twilight zone.”

I did not know that, I just assumed they were.


132 posted on 04/16/2010 3:44:48 PM PDT by Sophia777
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To: Canedawg

>>> I doubt that he is the one “evading it”.

well... I think he IS evading it FOR NOW....

As much as he hates to...

but for good reason.


133 posted on 04/16/2010 3:47:14 PM PDT by Safrguns
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To: Lurking Libertarian

“IIRC, Thomas was the justice who accepted the case presented in Dec 2008 claiming Obama wasn’t qualified to be President based on his father being Kenyan.

Thomas didn’t “accept” any case. Every case filed in the Supreme Court gets heard at a conference.

It went for conference with the 9 justices, and at least 6 thought the case wasn’t worth hearing. That means 0-3 thought it was...and I’d assume Thomas makes it at least 1.

There were no recorded dissents from any of the Supreme Court’s denials of certiorari in eligibility cases. “

I don’t understand it, what does this mean?

“There were no recorded dissents from any of the Supreme Court’s denials of certiorari in eligibility cases. “


134 posted on 04/16/2010 3:53:15 PM PDT by Sophia777
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To: penelopesire

Some have even gone to Kansas and nothing there. No, I am not sure about anything. All I know is Obama is a liar and his family seemingly came out of a cabbage patch.

I also know I can go into records in the counties and find my whole family there. Why isn’t Obama’s family?

Anyone living near Kansas can look at the microfiche for birth records too. http://www.vitalrecordsus.com/kansas-vital-records.html

Stanley Ann Dunham (November 29, 1942 – November 7, 1995), Born in Kansas, Death in Hawaii.

http://bit.ly/b9QOwS

There are other genealogy websites I have searched for Stanley Ann and the only thing that comes up is people creatin their family trees based on Obama’s word who Stanley Ann is and where she was born. Not one has a copy of her BC. Her death certificate is available.


135 posted on 04/16/2010 3:53:43 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: OafOfOffice

Not one has a copy of her BC. Her death certificate is available.

OH.


136 posted on 04/16/2010 3:55:10 PM PDT by Sophia777
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To: Sophia777
I don’t understand it, what does this mean? “There were no recorded dissents from any of the Supreme Court’s denials of certiorari in eligibility cases.

Very often, when the Supreme Court refuses to hear a case ("grant certiorari"), the Court's order will say: "Certiorari denied. Justice ___ dissents." Sometimes, a justice will even write a dissenting opinion explaining why they think the case should have been heard. No justice recorded any dissent in any Obama eligibility case (I think there have been 7 or so that reached the Court, all denied).

137 posted on 04/16/2010 4:00:00 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Sophia777

Just keep it in mind. One may come out eventually. There is always a chance.


138 posted on 04/16/2010 4:06:16 PM PDT by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: Lurking Libertarian; Sophia777
"I don’t understand it, what does this mean? “There were no recorded dissents from any of the Supreme Court’s denials of certiorari in eligibility cases."

Very often, when the Supreme Court refuses to hear a case ("grant certiorari"), the Court's order will say: "Certiorari denied. Justice ___ dissents." Sometimes, a justice will even write a dissenting opinion explaining why they think the case should have been heard. No justice recorded any dissent in any Obama eligibility case (I think there have been 7 or so that reached the Court, all denied).

---------------------------------------------------

No justice has written a dissenting opinion on any of them....because they are all "avoiding" the question as justice Thomas just pointed out.

They didn't want to "touch" this hot potato in 2008 / early 2009. The country was in love with Ol' Barry. Or so, the state run media informed us.

139 posted on 04/16/2010 4:18:40 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Red Steel

LOL..I try not to feed them.


140 posted on 04/16/2010 4:20:49 PM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: Lurking Libertarian

Very often, when the Supreme Court refuses to hear a case (”grant certiorari”), the Court’s order will say: “Certiorari denied. Justice ___ dissents.” Sometimes, a justice will even write a dissenting opinion explaining why they think the case should have been heard. No justice recorded any dissent in any Obama eligibility case (I think there have been 7 or so that reached the Court, all denied).

Thank you, ‘So, I must be dense, lol

Is that good or bad?

Does that leave the BC situation up in the air?


141 posted on 04/16/2010 4:22:18 PM PDT by Sophia777
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To: rxsid

“No justice has written a dissenting opinion on any of them....because they are all “avoiding” the question as justice Thomas just pointed out. ‘

OOOOOOOOOOOOOOOOH, it finally sunk in, thanks, now I can go post this at a forum that hates me, lol


142 posted on 04/16/2010 4:24:06 PM PDT by Sophia777
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To: OafOfOffice

This is very interesting. Thanks for posting the info, as well as your efforts to locate her records. I agree..there is something very strange about this whole family (besides them being a bunch of commies)!


143 posted on 04/16/2010 4:26:54 PM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: Safrguns

Wasnt there a vote on one of the cases (Berg’s case maybe) and cert was denied?

If so, I doubt Thomas voted not to hear it. He isn’t one of the justices who voted against hearing the case.


144 posted on 04/16/2010 4:27:08 PM PDT by Canedawg (I'm not digging this tyranny thing.)
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To: Sophia777

lol. good luck. don’t let them get to you. the truth will come out, someday.


145 posted on 04/16/2010 4:29:03 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

That doesnt mean there were no justices who voted in favor of hearing the case. I strongly doubt it was unanimous, as very few of their decisions are.


146 posted on 04/16/2010 4:29:55 PM PDT by Canedawg (I'm not digging this tyranny thing.)
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To: Canedawg
So a “sitting president” is sort of like a God-king - “the king can do no wrong”.

Actually, many are (though not usually the high profile ones). But when there's a dissent, the court's decision says so.

147 posted on 04/16/2010 4:34:31 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: rxsid

I hope truth will prevail,


148 posted on 04/16/2010 4:35:47 PM PDT by Sophia777
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To: Canedawg
I strongly doubt it was unanimous, as very few of their decisions are.

Actually, many are (though not usually the high profile ones). But when there's a dissent, the court's decision says so.

149 posted on 04/16/2010 4:36:30 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Canedawg
We simply don't know.

It is interesting, to me anyway, that NONE of them wanted to go on record with a dissenting comment (thus, we don't know). Like justice Thomas said, they are avoiding the issue.

150 posted on 04/16/2010 4:37:05 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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