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Supremes to review citizenship arguments-Case challenging candidacy set for 'conference' of justices
World Net Daily ^ | 11-21-08 | Bob Unruh

Posted on 11/20/2008 11:46:54 PM PST by STARWISE

A case that challenges President-elect Barack Obama's name on the 2008 election ballot citing questions over his citizenship has been scheduled for a "conference" at the U.S. Supreme Court.

Conferences are private meetings of the justices at which they review cases and decide which ones to accept for formal review.

This case is set for a conference Dec. 5, just 10 days before the Electoral College is scheduled to meet to make formal the election of Obama as the nation's next president.

The Supreme Court's website listed the date for the case brought by Leo C. Donofrio against Nina Wells, the secretary of state in New Jersey, over not only Obama's name on the 2008 election ballot but those of two others, Sen. John McCain and Roger Calero.

(Excerpt) Read more at worldnetdaily.com ...


TOPICS: Constitution/Conservatism; Government; US: Hawaii
KEYWORDS: bho2008; birthcertificate; calero; certifigate; justicethomas; leodonofrio; madeinkenya; mccain; notthisshiitagain; obama; obamatruthfile; obamatruthsquad; scotus; thekenyan
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To: Paige

Leo’s case has a claim where he does not even need the BC/COLB. Obama admitted he was a British citizen at birth because of his dad. His father was from Kenya then Zanazibar run by Britain. This alone disqualifies Obama.

Leo put in multiple claims like a good attorney should.


101 posted on 11/21/2008 7:00:13 AM PST by Frantzie
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To: P-Marlowe
The Constitution does not prohibit a non-citizen or an ineligible citizen from running for POTUS. It only makes him ineligible to take the office.

The Constitution doesn't spell out the Secretary of States' duties. But, each state has their own laws as to the SoS election duties. I believe that Donofrio's original case was brought to force the NJ SOS to "do her job" in determining whether a candidate was elegible to be placed on the ballot. Here's how Donofrio stated it:

....In My law suit was brought in the nature of a traditional "writ of mandamus" (aka "action in lieu of prerogative writs") in order to force the Secretary of State to do "something" to protect the integrity of the ballots as per her oath of office and as is required by NJSA 19:13-22, a statute specifically addressed to the Secretary of State with regards to ballot integrity.......

If Justice Roberts is relying on individual states (and their SoS's) to ensure that a candidate is constitutionally qualified, then there's a problem.

If Roberts is going to swear this guy in, then Roberts has a constitutional obligation to make sure that he is eligible to take the office. -- I agree.
102 posted on 11/21/2008 7:00:40 AM PST by Girlene (Wolverines!!)
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To: mirkwood

Just yesterday, my SIL went to DMV to get her license in the state where they now live. She’d requested a certified COLB from birth state, and didn’t really look at it when she got it. The DMV chick noticed that the first name on the COLB is different than what she’s always been called, what’s on her SS card, etc. (Something like “Lorraine” vs. “Lorena”.) No new license.

I guess now she either has to officially change her name to what she’s always been called, or do something to have her birth certificate revised. Her parents aren’t living, so she can’t ask them WTF?


103 posted on 11/21/2008 7:01:53 AM PST by MayflowerMadam (We have elected a man ... who has never run so much as a Dairy Queen. - Dollard post)
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To: Cedric

.......The fact that this matter is going to “conference” dooms it.....

I can understand the thought but do not agree.

This is a knotty constitutional issue and involves three individuals. Were it Obama alone, it might be dropped, but since there are three separate sets of facts to be sorted, they must take it up.

If they do not, there is a precedent of Calero which means Arnold can run.


104 posted on 11/21/2008 7:02:00 AM PST by bert (K.E. N.P. +12 . Save America......... put out lots of waferin)
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To: Cedric

.......The fact that this matter is going to “conference” dooms it.....

I can understand the thought but do not agree.

This is a knotty constitutional issue and involves three individuals. Were it Obama alone, it might be dropped, but since there are three separate sets of facts to be sorted, they must take it up.

If they do not, there is a precedent of Calero which means Arnold can run.


105 posted on 11/21/2008 7:02:06 AM PST by bert (K.E. N.P. +12 . Save America......... put out lots of waferin)
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To: Bushbacker1
"Why are no other media outlets covering, or at the very least, mentioning it."

Well, it is slowly getting out...being discussed by Mancow this morning who has a big non-political radio audience of a few million (who will hear of this for the first time). Eventually, everyone will have heard of it except the Mainstream Media, who will then have to take timeout from their 24/7 ObamaGush, to say something, if only to knock it down.

106 posted on 11/21/2008 7:04:12 AM PST by cookcounty ("A ship in harbor is safe, but that's not why the ship is built." ---Governor Sarah Palin)
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To: bert
Quit teasing.
107 posted on 11/21/2008 7:05:58 AM PST by Cedric
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To: ctdonath2
moonbats from some side are going to go ballistic

Only Obama moonbats will go ballistic. If the Court rejects the case or finds in favor of Obama there will be no signficant conservative backlash, and any backlash that does occur will be reserved and nowhere near what could be considered moonbat madness. Such insanity is nearly always attached to the left.

108 posted on 11/21/2008 7:06:42 AM PST by HerrBlucher (We will "Barry" you -- Nikita Kruschev)
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I wonder why SCOTUSblog doesn’t have any mention of the scheduled conference. At least I can’t find one.


109 posted on 11/21/2008 7:06:57 AM PST by Mazeman
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To: CapnJack

what happens if they don’t take the case, and then proof of Kenyan birth comes out later?

Can you say breach of responsibility?


110 posted on 11/21/2008 7:10:30 AM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: HerrBlucher

Bad news: They will riot.

Good News: They invariably burn down their own houses.


111 posted on 11/21/2008 7:11:07 AM PST by Cedric
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To: bert
"If they do not, there is a precedent of Calero which means Arnold can run."

Exactly. If this gets through without Obama presenting his evidence, Arnold the Gubernator can run for President just by asserting he's eligible. No one would have standing to challenge him.

112 posted on 11/21/2008 7:12:34 AM PST by cookcounty ("A ship in harbor is safe, but that's not why the ship is built." ---Governor Sarah Palin)
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To: jackv

It would be great if you can find a source for that! Very germane to the current discussion.


113 posted on 11/21/2008 7:13:59 AM PST by DBrow
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To: STARWISE

This is not a case where the justices have to agonize over their decisions. The remedy is simple compared to things like affirmative action. They simply send an order back to the state(s) to do ask for some paperwork, then wash their hands. It will be the state politicians who have to take the heat ... and, next case (or lunch).


114 posted on 11/21/2008 7:17:50 AM PST by qwertypie
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To: P-Marlowe; Girlene
“The Constitution does not prohibit a non-citizen or an ineligible citizen from running for POTUS. It only makes him ineligible to take the office. “

Indeed, there is a Nicaraguan non-citizen (Roger Calero) who runs for POTUS every election as a World Socialist or something. He gets on some state ballots, not on others, and he has a “proxy” stand in in other states. He cannot become president, but can run (bizarre, but he is a leftist after all).

115 posted on 11/21/2008 7:18:33 AM PST by DBrow
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To: HerrBlucher
" If the Court rejects the case or finds in favor of Obama there will be no signficant conservative backlash, "

On the other hand, thinking ahead to 2012, I may talk my wife into running. Rumor has it, she was born overseas to non-citizens and came here and married me and then supposedly got her citizenship through naturalization.....but those are all "personal documents" so you'll never know for certain why she speaks with an accent.

116 posted on 11/21/2008 7:19:27 AM PST by cookcounty ("A ship in harbor is safe, but that's not why the ship is built." ---Governor Sarah Palin)
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To: Frantzie
Obama's "official" (British, etc) citizenship is irrelevant. What matters is the "natural born" part. If he was born in the US, even to foreign parents, he'll get by the USSC.

The real issue to me, is that the BC contains confusing and/or embarrassing information. He was born in Hawaii -- but maybe his father is not Barack Obama Sr. Or maybe the BC says religion=Muslim.
117 posted on 11/21/2008 7:20:46 AM PST by atomicweeder
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To: DBrow

I will see if I can find it...


118 posted on 11/21/2008 7:22:15 AM PST by jackv (Just shakin' my head!!)
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To: atomicweeder

Read Leo’s case and the Constitution and get back to me on the British citizenship.


119 posted on 11/21/2008 7:24:57 AM PST by Frantzie
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To: mlo
That may be why they are considering it. They may order states to make sure they put valid candidates on future ballots.

I don't know. This case certainly highlights that there is no authoritative body to determine whether a presidential candidate is constitutionally qualified prior to an election. If it's up to each SoS, then some (those that put Calero on the ballot) are obveiously not doing their job.

If these SoS's were so careless with this one candidate, how comfortable can citizens be that any candidates on the ballots are eligible?
120 posted on 11/21/2008 7:25:26 AM PST by Girlene (Wolverines!!)
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