US SUPREME COURT SCHEDULES FULL CONFERENCE TO DISCUSS NJ CITIZEN SUIT CHALLENGING OBAMA ELIGIBILITYJeff Schreiber writes the blog America's Right has a great deal more information on the Donofrio case as well as the Philip Berg case. For the full time line of Schreiber's posts go here.
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THE UNITED STATES SUPREME COURT HAS SCHEDULED FOR FULL CONFERENCE, LEO DONOFRIO’S NJ CITIZEN SUIT CHALLENGING THE ELIGIBILITY OF MULTIPLE 2008 PRESIDENTIAL ELECTION CANDIDATES, INCLUDING BARACK OBAMA.
Today, the United States Supreme Court scheduled the case - Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey - US Supreme Court Docket No. 08A407 - for a conference of the nine Justices. The conference is a completely private affair and the public may not attend. If four of the nine Justices vote to hear the case in full, oral argument may be scheduled. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College.
The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the “national election” pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.
Leo Donofrio brought his case from a lower New Jersey court to the NJ Supreme Court - was denied - and then he filed an emergency stay application in the United States Supreme Court on Nov. 3, 2008, before the Honorable Associate Justice David Souter. Justice Souter denied the emergency stay application on Nov. 6.
Leo Donofrio renewed the application, as per Supreme Court Rule 22.4, to the Honorable Associate Justice Clarence Thomas by way of Express mail on Nov. 14. The application arrived at the Supreme Court on Nov. 17 and was submitted directly to Justice Thomas.
On Nov. 19, the case was docketed for full conference of all nine Justices and scheduled for December 5, 2008.
Additionally, Ambassador Alan Keyes, former Obama campaign opponent, filed a Writ of Mandate in Sacramento, California to stop the State's electors from casting their votes for Barack Obama. The writ claims that Obama has not provided documentary evidence for his eligibility to hold the office of President.
Legal BasisTheir are approximately seventeen law suits across the US demanding Barack Obama provide the proof he is a natural born citizen as the Constitution requires. Some cases will be dismissed for various reasons, but some as evidenced above have sufficient cause to be considered for hearing.
62. Article II, Section I of the United States Constitution, states, in pertinent part, as follows:
"No Person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the Office of President;"
63. Senator Barack H. Obama is a candidate for the Office of the President of the United States. However, to assume such office, Senator Obama must meet the qualifications specified for the Office of the President of the United States, which includes that he must be a "natural born" citizen. Senator Obama has failed to demonstrate that he is a "natural born" citizen. There are other legal challenges before various state and federal courts regarding aspects of lost or dual citizenship concerning Senator Obama. Those challenges, in and of themselves, demonstrate Petitioners’ argument that reasonable doubt exists as to the eligibility of the Democratic Party’s nominee for President.
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