Posted on 01/09/2009 8:28:39 PM PST by devere
Chief Justice John Roberts has sent a full-throated challenge of Barack Obama’s presidential eligibility to conference: Lightfoot v. Bowen (SCOTUS docket page). I.O. interviewed Lightfoot lead attorney, Orly Taitz at 2:20pm CT, today, minutes after she learned of this move.
Taitz believes, “This is Chief Justice Roberts telling the Congress… the other eight Justices, that there is a problem with this election.”
The Lightfoot case has legal standing, due to litigant, Libertarian Gail Lightfoot’s vice presidential candidacy in California. It also address two major issues of legal merit: 1. Obama’s failure to provide legally evidentiary documentation of citizenship and American birth and, 2. his United Kingdom citizenship at birth, passed to him by his Kenyan father when that nation was a British colony. (Other current challenges also submit that Obama’s apparent status as an Indonesian citizen, as a child, would have caused his American citizenship to be revoked.) This case is therefore considered the strongest yet, to be heard by the Supreme Court. Obama challenger, Philp Berg had previously been granted conference hearings, scheduled this Friday, 1/9 and on 1/16.
Roberts was submitted this case on 12/29, originally a petition for an injunction against the State of California’s Electoral College vote. His action comes one day before the Congress is to certify the Electoral College votes electing Barack Obama, 1/8. The conference called by Roberts is scheduled for 1/23. Orly Taitz is not deterred by the conference coming after the inauguration, which is to be held 1/20, “If they find out that he was not eligible, then they can actually rescind the election; the whole inauguration and certification were not valid.” The strongest time for legal and judicial rulings are generally after the fact.
(Excerpt) Read more at forthardknox.com ...
“The Law teaches you patience.”
Abe Lincoln once said a lawyers time and advice are his stock in trade. For a lawyer time can equal money.
I would like nothing better than for the Supreme Court to rain on BO’s inaugural parade, but frankly I don’t think they have the guts. If it comes down to Kennedy, I think he will cave.
“They might well vest that authority in Congress.”
An enactment by Congress is insufficient to change the Constitution. This is why we don’t see natural born citizen in 8 USC Section 1401.
Yes, this case is getting stronger against Obama!
http://www.rallycongress.com/constitutional-qualification/1244
This would seem to be the first case to go to conference where the plaintiff has Article III standing under established principles that the Supreme Court has endorsed in the past.
This case appears to be different from the others that have been referred so far in that the plaintiff clearly has Article III standing under established principles. Let us hope and pray for the sake of the Republic that there are enough members of the Court who will not betray their oath.
“I’m lost, so did Berg get a hearing today (1/09)?
Good question. Should find out on Monday.
Minor party candidates have the same standing as major party candidates in this matter.
The established principle that operates for any candidate that did not obtain in the prior cases is embodied in the phrase from previous decisions:
“capable of repetition yet evading review”
Read the decision from when I won cert in Al Hopfmann’s case about the Massachusetts 1982 senatorial primary when he was kept of the ballot against Ted Kennedy although he qualified under state law. Hopfmann v. Connelly. You could look it up.
On Fox news, a few days to a week or so back, there was a very brief comment to the effect that Joe Biden had not yet resigned his senate seat.
There was discussion that he was the first elected vp not to do so.
That made me wonder if Joe Biden knows something?
http://www.rollcall.com/news/31172-1.html?type=printer_friendly
“Vice President-elect Joseph Biden will officially step down from his Delaware Senate seat on Jan. 15, ending a Senate career that has spanned more than three decades. Biden secured re-election to the Senate in November, even as he won election as vice president.
Biden’s letter of resignation, addressed to Vice President Dick Cheney, who is President of the Senate, was read on the floor moments ago. “
That made me wonder if Joe Biden knows something?...
Bill Richardson did not resign his position either. But now we see other problems for him. I think what you say about Biden is possible, he’s trying to hedge his bet.
Thanks for the update on the Jan.15 date.
Have him send me his predictions via freepmail and I’ll post them on 20 Jan.
Let’s just hope that five of the Supremes love this country as much as George Washington did and will do the right thing in this matter, whatever that is. After all, they offered to make him king and he declined, preferring government by the people. A judge who prefers not to make waves does not belong in the highest court.
“I thought SCOTUS usually announced on Friday if they accepted a case, and waiting till Monday meant rejection. Do they ever announce accepted cases on Monday?”
I’ve read that it does happen, but much less often.
Friday has come and gone. I guess they weren't listening, huh? </sarcasm>
Looks like ignoring wins again. You be sure and tell him better luck on the next one.
Just to be clear, I don’t know if the announced resignation is more than symbolic or not, and he could possibly tear it up later, for example. I have no idea really...I’m trying hard to not take anything at all for granted with this situation.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.