Supreme Court dumps Obama lawsuit: The Swamp
The Swamp
Chicago Tribune
Posted December 8, 2008 12:15 PM
The Swamp

by David G. Savage

WASHINGTON -- The Supreme Court today turned down an emergency appeal asking the justices to consider whether President-elect Barack Obama is a "natural born citizen," and thereby, eligible to become president.

In a one-line order, the court denied the request from Leo Donofrio, a New Jersey man, who claimed that Obama could not be president because his father was from Kenya. Several other lawsuits have asserted that Obama was not born in Hawaii, despite his birth certificate showing he was born there on Aug. 4, 1961.

One such appeal is still pending at the Supreme Court, although it is likely to be turned down in a few weeks.

Virtually anyone who loses in a lower court can file an appeal at the Supreme Court if he or she pays the filing fee.

The Constitution says that "no person except a natural born citizen...shall be eligible to the Office of the President." That clause excludes naturalized citizens, such as California Gov. Arnold Schwarzenegger, from becoming president. He was born in Austria.

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Comments

This shouldn't even be a news story. Any frivolous lawsuit can be appealed to the SCOTUS. The argument by Donofrio is worthless.


Wow, the Hacks got something right !!
SUPPORT OUR TROOPS, BRING THEM HOME, ALIVE AND WHOLE. NOW.


I assume that because the wingnuts riding on this pile o' bull aren't getting the results they want, they'll take SCOTUS's refusal to give this the dignity it doesn't deserve as proof positive Obama isn't a citizen.
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Pathetic.
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Oh, well -- you can still try to have Obama kicked out because he's supposedly a Muslim AND a Christian of "the wrong kind" or maybe try to argue that his middle name is giving undue support to the enemy. Or you could try to find proof the REAL Obama was kidnapped by Aliens and is now being replaced by an imposter.
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Good luck with that.


HAHAHA!!!


1. AXJ Says:
December 8th, 2008 at 7:43 am

The international civil and political rights organization known as AXJ asks why the Supreme Court will not review this matter. Is it up to the Electoral College and the WE THE PEOPLE Foundation? http://www.axjus.com


Use caution, there are other cases pending...


I AM SENDING ANOTHER LETTER TO TO THE SUPREME COURT, AND THEN ANOTHER ONE AND THEN ANOTHER ONE,


This is about upholding the constitution of our great country and nothing else. Regardless of who the candidate is, they are not above the law. All the president-elect has to do is produce an ORIGINAL birth certificate and this is a non-story. Until then it is a story and we the people have a right to know if we have been told the truth. Let's hope that all of these suits are either dismissed or resolved before Jan. 20, otherwise we will be in a real mess.


Hey DORIS,

Your letters to the Supreme Court mean nothing to them -wonder why they have LIFEtime appointments?

They are supposed to uphold the law (and they will) and they will not be swayed by crazy right-wing moonbats as yourself. The Supreme Court is supposed to be impartial, and can care less what you think as they do not have to curry the favor of crazy votes like yours.

Obama - next POTUS. Live with it.


This is about upholding the constitution of our great country and nothing else. Regardless of who the candidate is, they are not above the law.
Posted by: buckwheat19 | December 8, 2008 2:04 PM


If this latest rightwing craziness really was about the constitution, where were you the last eight years while W and Cheney were shredding it everyday?


That's right, you were cheering him on....


Buckwheat, I always thought someone filing a lawsuit had to produce some evidence of thier claim or the suit would not be heard. All the evidence shows Obama was born in Hawaii, and there are only allegations and rumors that he wasn't; ottherwise some court would at least hear the case. It's a non story now.


You know, I believe Obama was born in Hawaii, and thus can be prez.

That said, had there been something to this case, the law simply would have had to have been upheld. Eric Zorn has said he doesn't think that's what the framers meant, and he talks about laws have been changed to apply retroactively, etc. etc. And all that may be true -- BUT, a law would have had to have been drafted and passed. We can't simply ignore the Constitution jsut because we don't like what living by it means.

And I love how it's "right-wing craziness" when people dare to quesiton Obama's birth certificate, but it's legitimate journalism when people allege Trig Palin is not Sarah Palin's son. And now, I did not vote for McCain-Palin, either. I just thing the law needs to be upheld. If it's not goiing to be upheld, it needs to be changed in the prescribed fashion.


but it's legitimate journalism when people allege Trig Palin is not Sarah Palin's son

Posted by: Beth | December 8, 2008 2:54 PM


I could care less about the Palin baby nonsense. She lost because she is dumber than a bag of rocks, period.



These cases have nothing to do generally with whether Barack Obama can produce a birth certificate and, thus, prove he is a natural born citizen. To the contrary, in the case the Court turned down, the Plaintiff conceded that Barack Obama was born in Hawaii. His argument was that British law made Barack Obama a British citizen through his father. As I predicted in an earlier thread, the concession of Barack Obama’s birthplace in the U.S. was the kiss of death for the lawsuit.
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It's never enough to have some general point of constitutional law to vindicate. By the time one gets to the U.S. Supreme Court, the issue has to be properly framed and supported by a record developed in a lower court. For sure, one can’t simply ask the Court for the first time to pick Obama’s pocket to find out if he has a valid birth certificate or can produce one. The Court doesn’t operate like Judge Judy. The sooner you realize this, the sooner you will be at peace with the fact the Supreme Court is turning down these cases.
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Op109 & Kendel Reed: Lose the idea that these lawsuits are supported by the majority of Republicans. Most people I know don’t consider them meritorious or give them much chance of success. Furthermore, you misjudge Republicans if you believe they all supported Bush’s abuse of office or authorization of unconstitutional measures. They most certainly did not.


I suppose those who are calling these lawsuits "rightwing" among other things, haven't read them. Please do some research on your own, people and don't just believe what the media tells you.


these lawsuits "rightwing" among other things, haven't read them. Please do some research on your own, people and don't just believe what the media tells you.

Posted by: Warren Talbot | December 8, 2008 3:35 PM


Even if this were true, it's the same rightwing crazies who reached their pinnacle during the Clinton administration who are all over blogs and Faux News pushing this nonsense again.


You still don't get it, America is tired of your nonsense. There are to many very important things that need to be addressed right now to get distracted by the sore losers who will never accept a Democratic president, ever. For all that's good in life and the very exsistence of this once great country....please get a life.



The Court doesn’t operate like Judge Judy.

LOL

Thank you John W.


So why did my last comment get censored?

What exactly did I say that was so offending that it couldn't be posted?


This is another one that I'm going to be sending off to Tribune management. Keep it up and you'll be out of a job in Chicago soon.


“The Court doesn’t operate like Judge Judy.
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LOL

Thank you John W.”
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Posted by: lochnessmonster | December 8, 2008 4:12 PM
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I’m glad you enjoyed it. It had to be said.


Furthermore, you misjudge Republicans if you believe they all supported Bush’s abuse of office or authorization of unconstitutional measures. They most certainly did not.

Posted by: John W. | December 8, 2008 3:32 PM

You all voted for him twice, that surely indicates you supported him on his policies and abuses of the constitution, But that aside, for once I agree with you on your comment regarding Judge Judy!


This is not something that a rational American should want to pursue. John W. is right, no mainstream Republican that I would know is supporting or promoting this. The great Obama won. He deserves his chance to govern without this indecorous, guerilla kind of action going on. Hopefully, we can just move on.


Why don't these disgusting right wing wack jobs focus on their own pathetic lives? They can listen to Rush, watch BIll-O and live in their parent's basement in the fantasy world of the 15th century.


hey all you "Birthers" send your brilliant comments to the Supreme Court, they don't have your resources, so you can save the day. go do it, maybe they will stop dismissing those cases, give it a shot, show your patriotism! Tell them about the vast conspiracy witch involves State of Hawaii, US State Dept, Gen Jones, Gen Shinseki, Sec. Gates, Condi, Powell, McCain, even Bush is helping Obama, so write quickly, be a patriot, save the day, write them at:
http://origin.www.supremecourtus.gov
my neighbor wrote them, oh wait what's that, some guys just showed up at my neighbors with a strait jacket!


* * * * *
Posted by: Scot S. Blakeley | December 8, 2008 5:34 PM
*
I did not vote for Bush twice, Scot. I voted for him in 2000. I was upset with him by the time 2004 rolled around, and I didn’t think anyone else running for President that year was worth voting for. So I simply didn’t vote for President that year. And, if you recall the sequence of events, the bulk of what could be considered Bush’s abuses/constitutional violations didn’t really come to light until his second term. The NSA warrantless wiretapping program, for instance, didn’t show up until the New York Times broke the story in 2005. Similarly, the torture and rendering programs didn’t see the light of day until 2005 or later, and not until after a lot of official denial and stonewalling. Given what we simply didn’t know, and what we had no reason to expect, I hardly think my 2000 vote for Bush stands as an endorsement for all his subsequent illegal activity.


Marion, your post is disturbing and warrants consideration for the FBI.
Obama was born in Hawaii PERIOD. McCain was born in Panama.

John W I stand corrected and apologize for my overall assumption. However, even if you were not happy with the candidates you still should have voted. There is always someone better than the other.


John W. I am addicted to Judge Judy.

I must concede you are correct. LMAO!

However one voted, most people I know don't believe for one moment that President-elect Obama isn't a natural born citizen.

For those who believe what I perceive as 'political propagarbage' your world, your mind, do you. I wish the brightest future for my beloved country. The voters spoke, let's hope they pick the best candidate for the job. Whether we voted for him or not.


The only frivolousness is coming from blind Obama supporters and others who are not willing to check out the information on why there are so many suits against Obama concerning his citizenship. Republican or Democrat, moonbat or wingnut, if you consider yourself an American, you are doing yourself a disservice if you do not educate yourselves on the details of this effort. I wish it were not true because our country does not need this at this time. But I have seen evidence firsthand that the Certificate of Live Birth from Hawaii
is a fake. I am an expert in photoshop with over 20 years experience and anyone proficient in that program can enlarge the type and see how it was cut and pasted.
You can download a copy of the altered certificate from factcheck.
Of course that does not mean Obama is not a citizen but once you see this firsthand, you will be compelled to study everything else you can find on this subject and, like me, you may find the evidence a bit, well, scary.
The damage that will be done, if in fact, Obama is found not to be a citizen after the election, after he enacts legislation that will have to be reversed, will be staggering. Better to have this over with asap.
I hope it is not true but after looking at the evidence closely, I am surprised to find myself doubting his citizenship.
Laugh if you want. Better yet, read everything you can about this; the arguments from those involved like Berg, Donofrio and even Alan Keyes, and then read what the detractors have to say. Who has the facts? Learn the difference between a Birth Certificate and a Certificate of Live Birth. Watch the language, i.e., "We have a copy of his original Birth Certificate." Ask what country it is from. Listen to Obama's own grandmother saying she was present when he was born in Kenya. You will find recordings of her saying this all over the internet. Does it matter if he was born in Kenya? You answer that by learning the nuances of the difference between a natural born citizen and a naturalized one. Read about the qualifications on how much time one has to be in this country if they are not born in this country.
Don't dismiss what I am saying until you do your own research. It is far to easy to pass judgment on this issue without doing the research. But that would be prejudice and, after all, who wants to be accused of that?


What is appalling is how little people understand about the judicial system.

People want to claim that they are motivated by protecting the Constitution, then say ignorant, repulsive things like they are going to keep sending letters to the Supreme Court, as if it would be a good thing if the Supreme Court could be lobbied or influenced, rather than to decide cases based on the law. So, you value the Constitution but not an independent judiciary?

To those who say, read the lawsuits, I have. I am a lawyer and I will tell you any lawyer should have known these cases would be dismissed for lack of standing. Some of the legal theories are so obviously without foundation, like that an American citizen would lose citizenship because his mother married a foreign national or because he attended school in a foreign country or because he had dual citizenship. Just because you put it in a complaint, doesn't mean there is any legal basis for it. People say read the complaint, but don't realize that a lot of fancy words don't mean anything when the words are crap.

Anyone can file a lawsuit. Anyone can file an appeal. And a lot of anyones have done so. But what happens if you file a bogus lawsuit is that it gets dismissed. If you file a bogus appeal, you lose.


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