“The ‘Daniels’ who defended Obama’s eligibility in Ankeny v Daniels is Mitch Daniels, Governor of Indiana and President George W. Bush’s Director of Management and Budget.”
On Free Republic, we tend to defend the Constitution, not political correctness, such as the GPO-e deal not to contest Barry’s eligibility in exchange for the Dems not attacking McCain not even being a citizen at birth and only being made one retroactively by an act of congress regardless of being born in or out of the zone.
I note Scalia’s recent quip from the bench chastising all the GOP senators who voted to re-authorize The Voting Rights Act even though it enshrined race-based nose-counting of voters and presumed that blacks would vote as a block for blacks. Scalia asked in so many words “Who would vote against a bill named ‘The Voting Rights Act.’”
It was clear from Scalia’s comments that he intended to rule the Act unconstitutional regardless of political correctness. “Birthers” are constitutionalists who tend to line up with Scalia. Anti-birthers have a number of different agendas, it seems.
An “Obama is ineligible” attorney isn’t as convinced about Justice Scalia’s position on natural born citizenship.
Larry Klayman wrote in World Net Daily: “Last week, I had the occasion to cross paths with “revered” Supreme Court Justice Antonin Scalia. Scalia has been for many years the darling of conservatives, a judge who they believed had the guts to enforce the Rule of Law and the Constitution in the face of corrosive influences, foreign and domestic. I took the occasion to ask him a simple question, one he would be able to answer. I asked the “constitutionalist” Scalia what he believed to be the definition of “natural born citizen,” without asking him to render an opinion on whether Obama was eligible to be president, given that Obama’s father was not a citizen of the United States at the time he claims falsely that he was born here.
Looking like a deer in the headlights and stuttering sheepishly, Justice Scalia responded, “I don’t know. Isn’t a natural born citizen a person born in this country?” I pressed on, asking “then why are there separate references to ‘citizen’ and ‘natural born citizen’ in the Constitution?” Again, Justice Scalia, pulling back out of apparent fright at having to give a straight answer, responded in the same fashion, “I don’t know.”
http://www.wnd.com/2012/08/scalia-flummoxed-about-natural-born-citizenship/#zFrMiOi6sQfOsSV9.99
Justice Scalia had two opportunities in 2008 to grant application for stays or injunctions in Obama ineligibility related appeals. He punted both times ( Berg v Obama and Wrotnowski v Bysiewicz).
Justice Scalia has also advocated for “jus soli” to be the requirement for being natural born in oral arguments in Tuan Anh Nguyen v. INS (No. 99-2071).