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I read him as wondering if SCOTUS will rule him eligible by some convoluted reasoning.

There apparently is precedent for recusal when a judge will be directly affected by the decision. Kagen and Sotomayor could lose their lifetime appointments.

To overturn the precedent of Minor v. Happersett, particularly when it has been cited in so many other decsions, would be a travesty. The Constitution, unless amended, provides for the removal by the Senate of Supreme Court justices. That is what a number of people meant when they observed that we, in 2008, now had a Constitutional crisis.

A story is beginning to unfold involving the cover up for our other ineligible President, Chester Arthur, leading to outright lies in the decision, Wong Kim Ark, from which came the authority to deem children of illegal aliens, born on our soil, citizens. It is a remarkable tale being exposed by the same attorney, Leo Donofrio, who uncovered the fact of Chester Arthur's ineligibility. Donofrio was thus aware of what to look for, and identified some of the lies planted by Arthur to misdirect the curious, not unlike the scrubbing of dozens of Supreme Court decisions by Soros lieutenants, Tim Stanley and Carl Malamud, both at the most frequently accessed source of digitized cases, Justia.com, and at the Cornell Law website. Arthur had good reason to have all his personal papers burned days before he died. He too concealed his birth certificate to titillate the opposition, the public and that part of the press which was not assisting him in his plot.

The point is that Obama’s allies, the Obama media, and the complicit Republicans, who also ran an ineligible candidate, aided by the Democrats who provided a phony Senate Hearing, and a resolution, Senate Resolution 511, which, like all resolutions, has no force of law, to give talking points for the media. Even those who sound knowledgeable and motivated by conservative principles like radio pundit Roger Hedgecock, repeat as fact that the Senate determined that McCain was eligible. No Senate had the authority to do that, and besides, they didn't. What they did do, every US Senator, including Barack Obama, was sign their agreement that a natural born citizen must have been born to two parents who were citizens when the child was born. Pat Leahy confirmed Michael Chertoff’s testimony, and Obama’s Harvard adviser who was also on his campaign committee, Larry Tribe, wrote a letter making the same point, and lying about the 1790 Naturalization Act, which was completely repealed in 1795, and replaced with a Naturalization law that never mentions natural born citizens.

Obama and his campaign committee chairwoman Clare McCaskill, also attempted to pass a bill, SB2678, in February of 2008, written to make the foreign born children of military citizen, McCain, eligible to the presidency. They knew, and every Senator knew that Obama was not born to two citizen parents, while using that argument to claim that McCain was eligible. Every US Senator in 2008 knew that Obama was born to a British Kenyan father. Every Senator except John McCain signed the resolution agreeing that a natural born citizen must have had citizen parents. Our government is filled with liars and crooks, and we may still have enough remaining of a Constitution, the 1st Amendment, to enable us to inform citizens who believe the media and legislators. Then we must remove all Senators who failed to honor their oaths to honor, defend and protect the Constituion.

A decision overruling Minor v. Happersett, would acknowledge that Happersett was prevailing during Obama’s first term, and affirming that he was not eligible! The Supreme Court, certainly John Roberts, has shown its ability to weasel out of difficult decisions, as Judge Thomas implied in 2009. They will need to be cornered before taking on the sitting executive, whether or not he is a Consitutional president. Like most men and women, and much as some claim higher ideals. their most likely tactic will be to protect their careers, because this crisis involves just the responsibilities stipulated by the Constitution. Not addressing interpretation of the Constituion is grounds for impeachment of a justice. Justice Marshall said they, the court, not only have jurisdiction, they must take such a case. The question will probably be, when?

Now that Georgia is forcing airing of the fact that there is precedent, and that both parties are complicit, Rubio has lost his chance to be a hero by standing up for the Constitution. It is probably not an accident the the only legislator to attempt to vet Obama was run out of Congress by Democrats on phony ethics charges as soon as he, Nathan Deal, wrote an open letter to the White House in 2009 after he askedm for assurance that Obama was eligible. He is now Georgia's governor. Coincidence?