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“ATTY. APUZZO: Yes. If the Third Circuit affirms the District Courts decision to dismiss the case for lack of standing and political question, then the Kerchner plaintiffs will file a Writ of Certiorari with the U.S. Supreme Court.
It does not mean that the court will necessarily hear the case because youre essentially requesting that the Supreme Court review the lower courts decision. So you dont have a right to go to the Supreme Court; you have a right to ask that the Supreme Court take the case.
So when we talk about going to the Supreme Court, we mean that we are asking the Supreme Court to take the case. If four justices vote to accept the petition for Certiorari, then its actually on appeal in the U.S. Supreme Court, and then we would need a majority of the court to actually grant the petition.
If they grant the petition, you dont necessarily win the case, because at that point the only issue thats on appeal is whether or not the District Court is correct in dismissing the case for lack of standing and for political question. That means that the lower court never addressed the merits of the case, the merits being Is Mr. Obama a natural born Citizen under the Constitution; does he meet that definition?
We contend that he does not meet the doubt-free definition of a natural born Citizen because when he was born his father was a British subject and Obama himself was also born a British subject (which converted to Kenyan citizenship when he was 2), all giving him conflicting natural allegiance to Great Britain from the time of birth and to Kenya from age 2.
The Framers would not have allowed a person born after the adoption of the Constitution with such conflicting natural allegiances to assume the great and singular powers of the President and Commander in Chief.
Secondly, Was he born in Hawaii? We contend that he has yet to provide sufficient and credible information that he was indeed born in Hawaii.”
Linda Lingle, Hawaii Governor interview about Obama Birth Certificate December 20, 2008