Posted on 11/14/2008 7:05:09 PM PST by solfour
I don’t know what it is about you... but I’m starting to warm up to your unbridled optimism, AND MAYBE YOU TOO! ;O)
Here’s the latest scoop off of Donofrio’s website. Take your best shot! I know you got something left in ya’! ;o)
US Supreme Court case > US SUPREME COURT TAKES EXTRAORDINARY ACTION IN NJ CITIZEN SUIT CHALLENGING ‘08 PRESIDENTIAL ELECTION
Posted: Nov.20.2008 @ 9:20 pm | Lasted edited: Nov.20.2008 @ 9:31 pm
US SUPREME COURT TAKES EXTRAORDINARY EXPEDITED ACTION IN FAST TRACKING NJ CITIZEN SUIT CHALLENGING ‘08 PRESIDENTIAL ELECTION. I am awaiting clarification from the Clerk’s office at the United States Supreme Court as to whether my stay application has now been accepted in lieu of a more formal full petition for certiorari (and/or mandamus or prohibition). Such a transformation is a rare and significant emergency procedure. It was used in Bush v. Gore, a case I have relied on in my brief.
We do know the case has certainly been “DISTRIBUTED for Conference”, a process usually reserved for full petitions of certiorari. Stays are usually dealt with in a different manner. As to a stay application, a single Justice may; a) deny the stay; b) grant the stay; c) refer the stay to the full Court.
My stay application was originally denied by Justice Souter. So, under Rule 22.4, I renewed it to Justice Thomas who did not deny it. The sparse reporting on this issue I have seen today has failed to stress how unique such a situation is to Supreme Court practice. The vast majority of stay applications are denied. And once denied, a renewed application is truly a desperate measure the success of which heralds one of the rarest birds in Supreme Court history.
The relief I requested, a stay of the national election and a finding that candidates Obama, McCain and Calero be held ineligible to hold the office of President, has also not been granted at this time. So that leaves option “c)”: Justice Thomas has referred the case to the full court. That much is clear from looking at the docket.
What isn’t clear is whether the full court has already examined the referral and taken the extraordinary action of accepting the stay application as if it were a full petition for writ of certiorari which was done in Bush v. Gore, 531 U.S. 98 at 98 (2000):
“The court ordered all manual recounts to begin at once. Governor Bush and Richard Cheney, Republican Candidates for the Presidency and Vice Presidency, filed an emergency application for a stay of this mandate. On December 9, we granted the application, treated the application as a petition for a writ of certiorari, and granted certiorari.” (Emphasis added.)
It’s not clear that SCOTUS precedent would allow a stay application to be “DISTRIBUTED for Conference” without it first having been transformed by the court into a full petition. I don’t know if such a transformation could be sanctioned by Justice Thomas by himself. Again, I’m waiting for an official disposition notice from the Clerk’s office. Regardless, either the full court has set this for Conference, or Justice Thomas has done it on his own. Either way, it signifies an affirmative action inside the US Supreme Court testifying to the serious issues raised by this law suit.
Rather than explain the intense pre-requisites pertaining to a stay surviving denial, I’ve uploaded the following page from SUPREME COURT PRACTICE, 8th Edition, the ultimate SCOTUS resource:
Sorry about that, I inadvertantly left off the graph which can be found at the source thread here at FR. I’ll put a link in momentarily to the thread and individual post.
Here’s the link to the missing graphics display. See post # 65.
http://www.freerepublic.com/focus/f-news/2135761/posts?q=1&;page=51
You know what - what the HELL is wrong with you? You want such a skinny, no history, bad background, no experience, empty suit to run your country? Amazing!! Just get over it???? I hope most folks do not!! This is the most evil and pathetic and really phenomenally twisted election I have ever witnessed. i have followed your politics more closely than my own for over 25 years and this is “THE READ TO DESTRUCTION” You will see. CO
That would satisfy me as to his Constitutional qualifications to hold the office.
Pity he's so mal-qualified in so many other ways...
Thanks
Ummmmmmmmm was that intended for DMZFrank?
Make that ROAD TO DESTRUCTION”. CO
There isn't much to laugh at in this abysmal mess...
I don’t know if it is optimism but I am not entirely pessimistic about the possibility that Obama may not be eligible. He just seems to be hiding too much for there to be nothing there.
To claim that McCain is not eligible is offensive to my sense of history and justice something our Founders considered sacred and inviolate.
I am too charming for my own good. 8^)
My take is that any definitive conclusions on the case are still in abeyance. It is unfortunate that two irrelevancies are included in the application which would have a better chance without this scattershot approach.
What were the dates of the Courts rulings in 2000? IOW how fast did it act?
No there is not.
Is that Steinbeck book set in Norway?
2454
I think so. In the style that it’s written, it isn’t clear which country but it sure could be Norway. The people are waking up slowly to realize they can sabotage the occupiers. (occupiers are clearly the Nazis, though they aren’t stated so in the story.)
McCain: yet to be ascertained is whether a birth in a Panama, Colon, Hospital, to two US citizens confers natural born citizenship. On this situation we disagree.
Of note: I am more likely to become a space shuttle pilot than to be feted by the local Bar Association for Pro Se Figure of the Year, Month, Week, Day. ;o)
What were the dates of the Courts rulings in 2000? IOW how fast did it act?
I don't recall... (*thinking* several weeks) I will roll up my sleeves and edify myself. I suspect you know. ;o)
What with the Electors' duties fast approaching, might the Court put the process on the 'fast track' (should a review be granted out of conference) and seeing to it's national importance?
OK Barrister, I have the dates from the Bush-Gore 2000, USSC rulings (3). Dec. 1st, Dec. 4th and Dec. 12th. Looks like the decision came down before the 2000 Electors cast their votes. I'd say that time is of the essence once again for this Court in this situation.
Not able to access Donofrio’s web site this evening and wonder if anything new is posted. Wonder if he heard from the Clerk and info as to a possible fast track.
Also, please put me on your ping list. Thanks!
I, too, was a great lover of Steinbeck and towards the end of high school read all of him I could get a hand on. So I read this one then along with at least half dozen more: Of Mice and Men, Cannery Row, Travels with Charlie, The Grapes of Wrath, etc. Still love to read.
I have no doubt that McCain is given the historic and clear legal meaning of Natural Born citizen and the inherent injustice of such a person not being. It is alligiance with determines the issue not geographical location and nothing has more alligiance than a military officer. It matters not where such a person is born if the parent is on official duty.
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