Wednesday, November 19, 2008

SCOTUS to Hear Obama Elegibilty Case in Conference

The slow wheels of justice are beginning to turn and Barack Obama may be run over. The Supreme Court agreed to review a case in conference challenging Obama's eligibility to hold the office of President. The suit claims Obama is not a natural born citizens as required by the Constitution.

US SUPREME COURT SCHEDULES FULL CONFERENCE TO DISCUSS NJ CITIZEN SUIT CHALLENGING OBAMA ELIGIBILITY
TUNE IN TO OVERNIGHT AM RADIO SHOW HERE TO LISTEN TO LEO DONOFRIO

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.
Jeff 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.

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 Basis

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.
Their 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.

The wheels on the bus go round and round...



The life of Indigo Red is full of adventure. Tune in next time for the Further Adventures of Indigo Red.

3 comments:

Marie's Two Cents said...

I just posted about this the other day also.

Do you really think this is going to stand a chance?

I hope so!

Anonymous said...

It is a delicious idea but I fear social unrest would reach catastrophic proportions if he lost the throne under such circumstances.

Indigo Red said...

I would hope so, too, Marie. I'm afraid that Anonymous is right. The Constitution will get a wink and a nod, but Obama will be President from fear of the damage civil unrest would cause. This is really less a Constitutional crisis as it is an existential crisis.

I know existentalism has been thrown about a great deal of late, but we are living in one of those rare times that will determine the very nature of not just our lifestyles but also our very lives. And not only in this country, but everywhere on the planet. This world will not look or feel like the same ten years hence. It will be different. The question is which "different" we choose.

Too minimize that damage, we'll be forced by circumstances to accept the rape of the Constitution for the good and future of the nation. And we still may fail. America is not too big to collapse.