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Hollister v Soetoro - DISTRIBUTED for Conference of January 14, 2011 (SCOTUS)
supremecourt.gov ^ | 12/29/2010 | SCOTUS

Posted on 12/29/2010 10:49:16 AM PST by rxsid

"Gregory S. Hollister, Petitioner
v.
Barry Soetoro, et al.
Docketed: November 23, 2010
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
Case Nos.: (09-5080)
Decision Date: March 22, 2010
Rehearing Denied: August 23, 2010

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Nov 22 2010 Petition for a writ of certiorari filed. (Response due December 23, 2010)
Nov 22 2010 Appendix of Gregory S. Hollister filed. (Volumes I, II, III)
Dec 22 2010 Waiver of right of respondents Barry Soetoro, et al. to respond filed.
Dec 29 2010 DISTRIBUTED for Conference of January 14, 2011.

Attorneys for Petitioner: John David Hemenway

Party name: Gregory S. Hollister

Attorneys for Respondents: Marc Erik Elias Perkins Coie, LLP Counsel of Record


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: birthcertificate; cbs; certifigate; chrismatthews; congress; constitution; foxnews; hardball; hollister; msm; msnbc; naturalborncitizen; obama; palin; politics; sarahpalin; soetoro
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Some background:

Recall, the lower court judge had these nuggets of wisdom in his ruling:

The issue of the President’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-yearcampaign for the presidency, but this plaintiff wants it resolved by a court.

...

Many people, perhaps as many as a couple of dozen, feel deeply about this issue.

HOLLISTER v. SOETORO - New filings - PETITION for Hearing en Banc, MOTION to publish (FR)

HOLLISTER v. SOETORO et al (Justia)

1 posted on 12/29/2010 10:49:21 AM PST by rxsid
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To: LucyT; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; MeekOneGOP; ...
Ping!

"Hollister v Soetoro - DISTRIBUTED for Conference of January 14, 2011 (SCOTUS)"

2 posted on 12/29/2010 10:50:06 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Where are all of the AFTER-BIRTHERS today?


3 posted on 12/29/2010 10:59:57 AM PST by stockpirate (Sen. Mitch McConnel (R) has betrayed the Nov. 2, 2010 voters w/his tax bill!)
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To: rxsid

OK what does this mean?


4 posted on 12/29/2010 11:00:30 AM PST by US Navy Vet
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To: rxsid

Our former senator from FL, the “Honorable” Mel Martinez, had the cojones to write me something very similar about Obozo’s eligibility. Only he cited the ELECTION of ‘08 as the crucial vetting process.

He made it sound a bit like jury nullification, which could legally permit the acquittal of a clearly guilty axe murderer.

I really don’t think that Mel liked being senator anyway. Constituents like me made him decide to quit, I think.


5 posted on 12/29/2010 11:01:55 AM PST by Scanian
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To: rxsid
According to a recent MSNBC poll, 20% of the respondents believed Obama was not born in the USA.
6 posted on 12/29/2010 11:01:59 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: wolfcreek

And 60% of another one I saw had “questions” about his eligibility.


7 posted on 12/29/2010 11:03:19 AM PST by Scanian
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To: rxsid

Is this the reason for all the “birther” stories in the past week? Maybe the Wise Latina or the lesbian Justice tipped off Obama this was going to make its way onto the SC calendar. I don’t happen to believe in coincidence.


8 posted on 12/29/2010 11:03:24 AM PST by Hotlanta Mike (TeaNami)
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To: rxsid

And what action can the Justices take at Conference?


9 posted on 12/29/2010 11:06:54 AM PST by trumandogz
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To: rxsid

Huh? Which case is this? I thought Mario’s case was teh best and the last hope.


10 posted on 12/29/2010 11:08:39 AM PST by Frantzie (American TV = owned by the Saudis and elites - keep watching & losing your freedom)
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To: rxsid

Who is this ‘Soerto’ guy?

I think a lot of American would like to know

Is this why he was forced to give up his law licence? or else be DISBARRED for filing a false affidavit that he never used another name?


11 posted on 12/29/2010 11:08:46 AM PST by Mr. K ('Profiling' you is worse than grabbing your balls)
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To: trumandogz
And what action can the Justices take at Conference?

They will decide whether or not to hear the case. It takes 4 justices to say yes. Otherwise it goes into the circular file.

12 posted on 12/29/2010 11:09:24 AM PST by Drennan Whyte
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To: trumandogz

It seems like 2-3 cases made it that far about 2 years ago. They got tossed immediately.

That was the subject of this possibly apochryphal Scalia quote(at a party): “What can I do? It takes 4.”


13 posted on 12/29/2010 11:10:28 AM PST by Scanian
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To: US Navy Vet

Probably means it is going nowhere. They will look at it a decide to pass on it.


14 posted on 12/29/2010 11:11:24 AM PST by BubbaJunebug
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To: rxsid

Orly’s on the 7th.

Hemenway’s on the 14th.

It’s getting interesting.


15 posted on 12/29/2010 11:14:12 AM PST by Elderberry
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To: rxsid

The Supremes won’t touch this with a 10-foot pole: they recall all too well the grief they got over the 2000 election, and they feel as stated by Martinez, that the elections WERE the vetting process.

Looking forward, we need to change the laws so that these things are settled BEFORE the elections.
It would only take one major state making it law: my own Texas, for example.


16 posted on 12/29/2010 11:15:36 AM PST by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: stockpirate
Where are all of the AFTER-BIRTHERS today?

You don't have to scroll down too far to find them, including NS.

Like the good old days!

17 posted on 12/29/2010 11:16:33 AM PST by melancholy (It ain't Camelot, it's Scam-a-lot!)
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To: rxsid

The question is not whether Obama is an American citizen.

The question is whether is a NATURAL BORN citizen.

There is no question that he is not a natural born citizen, becasue his father was not an AMerican citizen at the time of Obama’s birth. Therefore, he does not meet the Constitutional test of eligibility for the President of the United States.

And considering the damage he has doen and contoinues to inflict on the nation we love, he needs to be bounced out of office ASAP.

Are we a nation of law, or of men?

American needs a reset, before this nation goes down the tubes entirely. And that is the sole purpose of the group of Commie clowns in this Administration—to bring America down to the level of every other second rate country in the world.

After all, American exceptionalism is such a passe concept./s


18 posted on 12/29/2010 11:18:23 AM PST by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: rxsid
Many people, perhaps as many as a couple of dozen, feel deeply about this issue.

I'd say its a lot more than a couple dozen.

19 posted on 12/29/2010 11:19:06 AM PST by Netizen
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To: stockpirate

Here I am!


20 posted on 12/29/2010 11:20:49 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Elderberry

It seems like the White House is trying to frame the argument that he was born in the US so he is eligible even though they have fully admitted his father was not a US citizen which would make him ineligible. So their final argument will have to be that Obama was not his real father?


21 posted on 12/29/2010 11:21:36 AM PST by big bad easter bunny (A lie can get half way around the world before the truth gets it's boots on!-Mark Twain)
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To: melancholy

I read that NS (non sequitur) got booted from FR.


22 posted on 12/29/2010 11:24:17 AM PST by spacejunkie01
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To: Elderberry
It's getting interesting.

In and of itself, not really. Any otherwise properly filed petition for certiorari will be sent to "conference." It's pretty pro forma. Absent four Justices wishing to hear the case, the mere fact that the petition was sent to conference means nothing.

You'll notice that Obama's lawyers didn't even bother to respond to the petition.

23 posted on 12/29/2010 11:25:41 AM PST by DSH
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To: wolfcreek

Of all the rumors floating around the one that makes the most sense is that obama’s mother adopted a child in Kenya with the help of a Kenyan National ( Barack Obama) who created a sham marriage to get the child out of the country. obama’s “grandmother” filed his birth with Hawaiian records to give him American citizenship. There is no long form records. Ann (obama’s mother) flew directly from Kenya to Washington State to start college a week later. Obama was born in Kenya and is a Kenyan National as he was never legally naturalized as an American Citizen.


24 posted on 12/29/2010 11:27:05 AM PST by omegadawn (qualified)
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To: rxsid

Oh fer cryin’ out loud...

Haven’t you bleepin’ idiots learned a damn thing?


25 posted on 12/29/2010 11:27:56 AM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: rxsid

I understand that Elena Kagan was the front lawyer in various court hearings for Obozo re his eligibility issue. If that is fact then she should have no voice in any Supreme Court proceedings on the issue.


26 posted on 12/29/2010 11:28:19 AM PST by drypowder
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To: US Navy Vet

OK what does this mean?

It means that this is going to scotus and that is why Matthew opened his mouth. Bambi is going to show a birth certificate and the next two years it will be about birthers and how they are part of the tea party.


27 posted on 12/29/2010 11:30:59 AM PST by EQAndyBuzz
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To: rxsid

Like everything else happening with this “birth certificate” qualification process, nothing will happen and life will continue with this imposter in power. Getting so sick of this like everyone else. Nice to see that some aren’t giving up on trying though.


28 posted on 12/29/2010 11:31:32 AM PST by DefeatCorruption
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To: US Navy Vet

It means the case has been distributed to the justices for consideration at their next conference. At that conference, they’ll discuss and vote on which cases they will hear. It takes four votes in conference to grant cert.

(It will be then be denied without comment, unless the storm brewing over D.C. is actually an indication that Hell is freezing over.)


29 posted on 12/29/2010 11:31:44 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: All

I’m not exactly sure what we’ll accomplish by making Joseph Biden our President. Really, what if all of this results in Obama getting removed from office? Then Biden becomes President in time to be the incumbent for 2012.


30 posted on 12/29/2010 11:33:10 AM PST by MeganC (January 20, 2013 - President Sarah Palin)
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To: omegadawn

Then we would have to wonder if his *real* parents were mixxed race.


31 posted on 12/29/2010 11:34:02 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: spacejunkie01
I read that NS (non sequitur) got booted from FR.

Ah, yeah...as they say: what's in the name?

Reincarnation, if you will.

32 posted on 12/29/2010 11:35:55 AM PST by melancholy (It ain't Camelot, it's Scam-a-lot!)
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To: US Navy Vet

The SCOTUS receives approximately 5,000 requests for cases to be heard each year. The court accepts approximately 130 of those cases for review. Obviously, the odds of a case being selected are slim.


33 posted on 12/29/2010 11:37:31 AM PST by Padams
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To: spacejunkie01
Yep, his rhetoric has left the building.
34 posted on 12/29/2010 11:38:07 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: BuckeyeTexan
At that conference, they’ll discuss and vote on which cases they will hear. It takes four votes in conference to grant cert.

Undoubtedly, turncoat traitorous Thomas will continue his "evading" the issue.

35 posted on 12/29/2010 11:38:20 AM PST by Tex-Con-Man
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To: rxsid; onyx; penelopesire; maggief; hoosiermama; SE Mom; seekthetruth; television is just wrong; ...

. . Ping!


36 posted on 12/29/2010 11:40:53 AM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: STARWISE

Larry Elder said he would be taking birther calls. Says O was born here.

He says there is no way the supremes would “overturn an election”.


37 posted on 12/29/2010 11:43:42 AM PST by JohnnyP
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To: Redbob

Well Texas is run by RINOs like Perry, Kay Bailey and Cornyn so they will not do jack s**t.

Americans have drooling sheep controlled by Obama TV and Prince Al Waleed’s Fox News is just as bad. The morons traded liberty for a HD plasma idiot box.


38 posted on 12/29/2010 11:44:09 AM PST by Frantzie (American TV = owned by the Saudis and elites - keep watching & losing your freedom)
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To: rxsid

How is this case different than the last 25 or so?

Seriously.


39 posted on 12/29/2010 11:45:35 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: spacejunkie01

Non Sequitur was a POS Dem. I am sick of these whiny pro-Obama idiots.


40 posted on 12/29/2010 11:47:32 AM PST by Frantzie (American TV = owned by the Saudis and elites - keep watching & losing your freedom)
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To: Padams

Maybe this will be the one as they are not suing Obama they are suing an alias of a seated POTUS. This alone is news.
Can any one cite Chris Matthews or anyone talking in detail about our seated presidents alias Barry Soetoro?


41 posted on 12/29/2010 11:48:29 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: Tex-Con-Man

Leave Thomas alone....he is one of the best justices we’ve ever had and one of the smartest. There are reasons we aren’t privy too in this matter. It certainly isn’t the black thing either...it is much more...it kind of reminds me of not convicting Bubba after he was impeached...everyone said it was due to the FBI files when in fact it was to keep gore out of the presidency...which he’d won hands down in 2000, if the Republicans had convicted Bubba.


42 posted on 12/29/2010 11:49:26 AM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: US Navy Vet
OK what does this mean?

Hollister filed a "petition for certiorari" (a request that the Supreme Court hear an appeal) from the two lower courts (federal district court and federal court of appeals) which both bounced his eligibility lawsuit. The Government declined to respond to the petition (a response is not required in the Supreme Court; a failure to respond means the responding party--in this case, Obama-- doesn't think the Supreme Court has any interest in the case).

Once a Petition for Certiorari is filed, and either responded to or a response is waived, each such Petition is automatically "listed for conference." That does not necessarily mean that the Supreme Court will actually discuss the case; there are dozens-- sometimes hundreds-- of cases "listed" for each conference. Before the conference, each of the 9 justices circulates a list of cases they think are worth talking about. (These lists are private; the public never sees them.) If a case is on none of the 9 justices' lists, it is put on the "dead list" and is automatically denied without the court actually "discussing" it. (The list of denials is published the next business day after the conference. No reason is stated for a denial.).

If any of the 9 justices thinks a case is worth talking about, but the responding party didn't file any response to the Petition for Certiorari, the Court will usually ask the other party to respond, and put the case over for another conference.

If four of the nine justices think a case should be heard, the Court will grant the petition and schedule the case for full briefing and argument. If less that four want to hear the case, the petition will be denied without stating any reason, but the few who wanted to hear it can (but don't always) file a dissent from the denial. (If the case was on the dead list, then no one will dissent).

My prediction: the court will not ask for a response, and the petition will be denied without dissent.

43 posted on 12/29/2010 11:50:46 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: BuckeyeTexan

(It will be then be denied without comment, unless the storm brewing over D.C. is actually an indication that Hell is freezing over.)


Or if Sotomayor and Kagan were to recuse themselves, it would only take 3 justices to move it forward.


44 posted on 12/29/2010 11:50:46 AM PST by Hotlanta Mike (TeaNami)
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To: Redbob
It would only take one major state making it law

I saw a letter that Democrats sent around to refute the birth certificate arguments. It was posted on FR a few months ago.

From scanning that letter it seemed to me that the one avenue to resolution is that Obama's next opponent must challenge his eligibility when Obama submits his paperwork certifying his eligibility. His opponent is the one with standing at that time.

I don't think any state has to create a law for this to happen. The law is already there.

If this is indeed the case, then Obama has to settle the BC issue now, or hope to manipulate the republicans to choose a candidate who won't challenge his eligibility.

McCain probably didn't challenge because there were questions of his own eligibility.

I think Sarah Palin would challenge. Maybe that's the reason for the 24/7 attacks against her.

JMO

45 posted on 12/29/2010 11:51:34 AM PST by longjack
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To: BuckeyeTexan

LOL or the toons want the heat on to slide on in by Biden.


46 posted on 12/29/2010 11:52:13 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: JohnnyP

Larry Edler got the memo like Coulter, Boortz, O’Reilly, Beck, Ingraham, Medved, Hewitt and these other puppet entertainers who have attacked birthers. Toe the line and lie for the regime or you will be off the air.

This is another set up being teed up by Abercrombie.


47 posted on 12/29/2010 11:53:04 AM PST by Frantzie (American TV = owned by the Saudis and elites - keep watching & losing your freedom)
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To: JohnnyP

Larry Edler got the memo like Coulter, Boortz, O’Reilly, Beck, Ingraham, Medved, Hewitt and these other puppet entertainers who have attacked birthers. Toe the line and lie for the regime or you will be off the air.

This is another set up being teed up by Abercrombie.


48 posted on 12/29/2010 11:53:09 AM PST by Frantzie (American TV = owned by the Saudis and elites - keep watching & losing your freedom)
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To: longjack

Pelosi certed him. It’s called treason.


49 posted on 12/29/2010 11:53:48 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: rxsid
Barry Soetoro, et al.

Each variation of the name should have been spelled out. I don't know that a mere "et al" is going to cut it with the Supremes.

50 posted on 12/29/2010 11:55:29 AM PST by bgill (K Parliament- how could a young man born in Kenya who is not even a native American become the POTUS)
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