[Labyrinthos]

We really need to STOP relying upon World Nut Daily for information. Under the Supreme Court's current internal rules of practice, the SCOTUS needs four votes to grant certiorari to hear a case, regardless of the number of justices voting. Thus, even if Kagan and Sotomayer recuse themselves — which they won't and shouldn't — four justices will still need to vote in favor of certiorari. That's not going to happen, and the nuts at WND should know that.

[Dubya-M-DeesWent2SyriaStupid!]

Bashing WND does not validate your thoughts of this being nuts.That is SO year 2000.

[rolling_stone]

Thus, even if Kagan and Sotomayer recuse themselves — which they won’t and shouldn’t

What makes you think they shouldn’t recuse themselves? They not only have an appearance of a conflict of interest, but a real and huge conflict of interest, their jobs.

[Frantzie]

You would probably prefer to rely on Fox News Al Waleed Bin Tal/Saudia like many posting here and their puppet #1 O’Reilly.

[rolling_stone]

The rule of four is not required by the Constitution, any law, or even the Supreme Court’s own published rules.[2] Rather, it is a custom that has been observed since the Court was given discretion over which appeals to hear by the Judiciary Act of 1891, Judiciary Act of 1925 and the Supreme Court Case Selections Act of 1988.

http://en.wikipedia.org/wiki/Rule_of_four

[butterdezillion]

I can’t remember what the name of it was, but I had found a reference in a legal textbook that said that if there are 7 or less justices taking part in a conference it only takes 3 votes to accept the case. And IIRC the chief justice also has discretion to allow cases to go forward even without the full number normally required.

The big question here really is whether Sotomayor and Kagan recuse themselves. The dems may wish they hadn’t been hounding Thomas to recuse himself from the healthcare reform case, because there is ABSOLUTELY NO QUESTION that Sotomayor and Kagan have a HUGE personal and financial interest in an Obama eligibility case.

Maybe what we need to be doing is contacting our Congress-critters and asking them to demand that Sotomayor and Kagan recuse themselves on this case.

It might not hurt to register to begin petitioning for state ballot initiatives that would grant any registered voter in the state legal standing to challenge the eligibility of anybody whose name is printed on the state ballot. If SCOTUS knew that the issue is eventually GOING to be in front of them, they may realize that resistance is futile. Those of us who love the Constitution will NOT be silenced forever.