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Hollister v. Soetoro/Obama eligibility case to be reconsidered by Supreme Court
examiner.com Phoenix ^ | Linda Bentley

Posted on 02/27/2011 8:17:22 AM PST by freepersup

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To: LucyT

Thanks for the ping!

I hope this will soon come to a head.


81 posted on 02/27/2011 8:11:34 PM PST by thecodont
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To: freepersup
freepersup said:

CDR Kerchner (a past eligibility plaintiff) posited that if 2 Justices do recuse themselves, 9 becomes 7, and the rule of four becomes the rule of three. Is this so?

28 U.S.C. Section 1 requires 6 justices for a quorum. In order for a case to be heard, the majority decision to accept it would still be 4. That is why it matters not if there are 6 justices or 9 justices reviewing a case. The guidelines to grant the case are the same. In some cases, the "rule of 5" is used to grant all justices the ability to accept a case. However, the practice of the "rule of 4" began in 1891 to prevent a majority of justices from controlling the docket.

If there are less than 6 justices, the Supreme Court clerk must announce the court is not in a quorum and therefore decisions must be delayed.

More information can be found here:

http://www.supremecourt.gov/ctrules/2010RulesoftheCourt.pdf

Kerchner is incorrect in his assumption. However, the Supreme Court can do what it likes. If it wants to allow the "rule of 3", it may do do at its discretion.
82 posted on 02/27/2011 8:23:26 PM PST by devattel
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To: bluecat6
Connecticut is the ONLY state that does not work with other states to ensure closure on identification records with other states according to the IG 2000 report....


83 posted on 02/27/2011 8:23:41 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Brown Deer
I thank you for your clever insertion of levity into this thread... as with all great comedy, timing is key. I'd say you nailed it quite well.
84 posted on 02/27/2011 8:31:28 PM PST by freepersup (Today, we raise our glasses of spirits and mugs of ale high- to Budge.)
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To: devattel

Probably... wishful thinking on CDR Kerchner’s part. Thanks for the research and subsequent education.


85 posted on 02/27/2011 8:37:07 PM PST by freepersup (Today, we raise our glasses of spirits and mugs of ale high- to Budge.)
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To: bluecat6; All

Thank you for all of your contributions to the subject matter at hand. I’m getting a hell of an education whether I want one or not. Time to hit the hay. Goodnight everyone. Nice to spend time amongst like minds with like goals.


86 posted on 02/27/2011 8:45:50 PM PST by freepersup (Today, we raise our glasses of spirits and mugs of ale high- to Budge.)
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To: freepersup
freepersup said:

Probably... wishful thinking on CDR Kerchner’s part. Thanks for the research and subsequent education.

Not a problem. Feel free to ping or mail me any time.
87 posted on 02/27/2011 8:47:27 PM PST by devattel
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To: freepersup

G’night! Thank you and everyone for the great detective work.


88 posted on 02/27/2011 8:48:19 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: freepersup

G’night! Thank you and everyone for the great detective work.


89 posted on 02/27/2011 8:48:28 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: devattel
well...I pray that what you have posted will play out. We have been disappointed so many times.
90 posted on 02/27/2011 8:58:06 PM PST by wintertime
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To: Danae; Hotlanta Mike
This is the reason they have attacked Thomas so viciously this week.

"Hey Clarence Thoms doesn't recuse himself from issues affecting his "friends" ...why should Kagankommie and and the world's smartest Latina?"

91 posted on 02/27/2011 9:03:49 PM PST by Kenny Bunk (Odd, but I never had to ask, "Who, or what exactly is Dwight Eisenhower?")
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To: wintertime
wintertime said:

well...I pray that what you have posted will play out. We have been disappointed so many times.

All in due time. Our nation has a wonderful means of correcting itself. This is far from the first time conspiracy and illegitimacy have rocked the foundations of our nation.

What we have witnessed in our country in the past few years is the revitalization of rights. I call it Born Again Patriotism. Never in my lifetime have I seen so many people taking up interest in national affairs and our heritage. As we clearly saw in the American Revolution, it only takes a strong, small, and focused minority to be victorious against tyranny. Our inalienable rights will continue long after the republic is dust in the wind. We live under the law of our Master and supreme Lord, our God. Everything else is immaterial.
92 posted on 02/27/2011 9:06:16 PM PST by devattel
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To: Kenny Bunk

Yeah, well... They didn’t nominate him to SCOUTS did they.

No one believes Kagen and Sotomayor will rule against the bastard who nomitted them to the court on this issue. Largely because it would mean losing their lifetime appointments. No big deal.

/EPIC sarcasm. No Srsly. EPIC SARCASM. Really seriously epic. Like King Arthur Pendragon epic. Anailnathrach ortha bhais beatha do cheal deanaimha sort of epic sarc.

Sigh... The game of thrones does make me sick.


93 posted on 02/27/2011 11:33:23 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae
No one believes Kagan and Sotomayor will rule against the bastard

Right now the SCOTUS is only ruling on whether or not they should be recused, not even if they will take the case.

In regard to the more substantive issues, Scalia, Alito, and Thomas (I have been led to believe) would vote in conference to hear these cases. No other Justice would... or apparently has.

That these three are stonewalled by the other 6, including Roberts is particularly galling. The excuse (mighty thin) is that under the Constitution as Amended, matters of eligibility are the province of the Federal District Court in DC, which has thrown stumbling blocks in the path of those attempting a Writ of Quo Warranto..

However, none of those Justices voting in conference against these cases, have apparently considered the possibility of remanding the issue to that court for discovery.

The screwiest factoid bobbing up in this toxic punchbowl is that there is an excellent chance there actually is no such "legal person" as Barack Hussein Obama, Jr. Lawyer Hemenway's theory is that when young Barack was adopted and his name changed, any original records such as the evanescent BC, would have been sealed, so that if the State of Hawaii were to release the documentation, the name on it would be "Soetoro, " or quite possibly "Soetorabakh." It was never legally changed back.

And always lurking in the background is the incontrovertible evidence of the Obama Illinois Bar app, on which the man flat-out denied ever having used an alias! Also incontrovertible is the fact that he is no longer a member of that bar, accepting the opportunity to resign after an inquiry. No hearing. Sealed records. (Oddly enough, same deal for Michelle!)

I believe that it was the unfounded fear of "racial unrest" that caused the official world to turn a blind eye to these issues at the appropriate time in 2007 and 2008. Those eyes are still blind, particularly in the GOP, in which not one (1) national figure has had the nerve to even mention eligibility.

The Republican Party has accepted a leader who has led us into a Depression, rather than stand up for those who elected them.

94 posted on 02/28/2011 4:59:39 AM PST by Kenny Bunk (Odd, but I never had to ask, "Who, or what exactly is Dwight Eisenhower?")
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To: Kenny Bunk; Danae; devattel; wintertime; little jeremiah; freepersup; Brown Deer; thecodont; ...

Kenny, all:

Original sourcing is a good idea.

This is the website of the Fund that is carrying the Hollister case. Under the tab “filings” is the Petition for Rehearing. It lays out what has been brought to SCOTUS for consideration that will be addressed this coming Friday.

The Petition for Rehearing goes beyond the recusal motion (that is also at the site under its ‘filings’ tab). It brings up the Abercrombie matter, the finding of contempt against this Administration on the LA ruling by Judge Feldman on Gulf drilling, and other matters and the ruling of Judge Vinson in FL on the health care legislation.

Perhaps that contempt and other similar news of recent vintage will persuade any Justice sitting on the fence that this is a matter deserving a hearing.

After reading the filings, I would also recommend hitting the “donate” button.

http://constitutionalruleoflawfund.org/PETITION%20FOR%20REHEARING.html


95 posted on 02/28/2011 6:21:29 AM PST by EDINVA
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To: freepersup

Perhaps I have the proverbial cart before the horse... would a recusal come before a vote to grant certiorari? If so, and it’s a big if so, does the majority threshold remain at 4, even though there are now just 5 Justices voting? Or does the majority shift to 3?


Sorry for the delayed response.
The appellants are asking for Sotomayor and Kagan to recuse themselves from participating in the “cert conference” vote on granting the Petition for a Writ of Certiorari. The appellants’ rationale is that if Sotomayor and Kagan recuse, then the Rule of Four becomes the Rule of Three and only Alito, Scalia and Thomas will be needed to grant cert in Hollister v Soetoro.
I can find no historical basis for the number of justices participating in the cert conference being reduced to three.
My understanding is that four justices are required in order to grant cert, no matter how many recusals there are.
In any event, recusals at the Supreme Court are completely at the discretion of the individual Justice. There is no law that requires a Justice to recuse. However Elena Kagan has already recused herself from participating in oral arguments and decisions on any case that she had a hand in from when she was Solicitor General.
Finally, I am not aware of any published reports on who recuses from participating in Certiorari conferences.


96 posted on 02/28/2011 10:14:06 AM PST by jamese777
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To: bluecat6; Kenny Bunk; warsaw44; ColdOne; Dubya-M-DeesWent2SyriaStupid!; GQuagmire; wintertime; ...
Image and video hosting by TinyPic

. . . . . # 80 , # 91 , and don't miss the salient points in # 94.

.

97 posted on 02/28/2011 11:48:40 AM PST by LucyT
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To: devattel; freepersup
"the practice of the "rule of 4" began in 1891 to prevent a majority of justices from controlling the docket.

...the Supreme Court can do what it likes. If it wants to allow the "rule of 3", it may do do at its discretion.

True.

To elaborate on the intent of the rule of 4...as you stated, it was put in place "to prevent a majority of justices from controlling the docket."

In other words, it exists to give a "minority" view on the court some "weight."

With that in mind...IF Kagan and Sotomayor recused themselves...that would leave 7 justices. If they left the rule of 4 in tact, that means the original intention of the rule would become moot as then the 4 (or a majority in that case) would be "controlling" the docket.

In order for the intent of the informal "rule of 4" to be maintained...then it's possible that only 3 justices would be needed to grant cert.

To maintain the reason for the rule in the first place...it would make sense for them to allow 3 to be consistent.

98 posted on 02/28/2011 12:40:33 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: EDINVA; Danae; devattel; wintertime; little jeremiah; freepersup; Brown Deer; thecodont
ED, you have been doing yeoman work on this. The fact of the matter is that we are now closer than at any other time in the past three years of actually getting past SCOTUS conference with substantive issues.

I am hoping that the SCOTUS is now at the point of either remanding this to the Federal District for discovery or taking on the case itself. Let us pray for the latter.

.......the Abercrombie matter, the finding of contempt against this Administration on the LA ruling by Judge Feldman on Gulf drilling, and other matters and the ruling of Judge Vinson in FL on the health care legislation...

Today, Obama claimed to have found a "State Waiver" clause in his health care law in a blatant attempt to short-circuit Judge Vinson. It seems that will be available in 2017! Look, if we need to, perhaps we can allow Soetoro/Obama to live in the White House and throw Motown Theme Parties. But clearly, we are headed into a 10-year world-wide depression because of this fellow who should never have been allowed to run, much less rule. He must be disconnected from power.

http://constitutionalruleoflawfund.org/PETITION%20FOR%20REHEARING.html
$5 each per month.

Please read ED's link. Lawyer Hemenway's Petition is as fine a plain piece of legal writing as you are ever apt to see.

99 posted on 02/28/2011 1:50:07 PM PST by Kenny Bunk (Odd, but I never had to ask, "Who, or what exactly is Dwight Eisenhower?")
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To: freepersup

Well how can Obama be President, he can’t pass
E-verify..where is his I-9 who is checking government employees I-9’s?

This demands an investigation. Failure to question, investigate and reply to this is dereliction of duty.

Issa are you reading this?


100 posted on 02/28/2011 2:18:20 PM PST by rolling_stone ( *this makes Watergate look like a kiddie pool*)
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