Replies

His stay — yes

His case — no

The way I read this is:

a) the SCOTUS doesn't want to have a conflict with the Constitutional powers of Congress

b) they think that in light of ALL of the Immigration Acts they think that Obama is ACTUALLY a NBC

c) even if they doubt Obama’s credentials, they can't override Hawaii's state laws that allow a 'CertificATION of Live Birth" as prima facia proof of birth (perhaps only a suit in Hawaii can do that)

d) they can't act until BO commits a crime, after the EC votes are counted in Congress on Jan. 8!

I concur.

1. O’s qualification can, legally, only be viably challenged AFTER the Electoral College vote (today) AND Congress certifies the winner. Prior to the EC vote, O’s candidacy is not formally recognized at a federal level, and it is only a state issue, and federally only an Elector could bring a case questioning his candidacy. Prior to Congress certifiying the winner, only a Congressman could bring a case questioning the would-be winner’s candidacy. SCOTUS must tread lightly.

2. “Natural born citizen” is actually not well defined legally. Many would reasonably contend “born here, full POTUS-qualified citizen”. Restricting it to “born here of parents BOTH US citizens” is hard to argue and require. O’s alleged dual-citizenship would be an easier target.

3. A legal document stating the state of HI vouches for his natural-born citizenship is sufficient. While there is room for discussion, a case would have to be very precise to viably question this “voucher” document and demand the original BC. If the case is inadequate in any way, SCOTUS won’t touch it.

4. O isn’t POTUS until January 20. Congress can’t be accused of certifying a disqualified candidate until January 8.

Upshot: while there is tremendous circumstantial evidence worthy of Supreme Court consideration, and possible disqualification of O, it is such a weighty issue with massive consequences that any viable case challenging O’s qualification must be JUST RIGHT before SCOTUS will run with it - and obviouly what they’ve seen so far isn’t good enough. The fact that SCOTUS _is_ entertaining _any_ cases is a good sign.