Supreme Court likely to pass on Obama: The Swamp
The Swamp
Chicago Tribune

Watch for the court today to deny cases challenging Obama's citizenship

Posted December 8, 2008 7:00 AM
The Swamp

by David G. Savage

Undaunted by election results on Nov. 4, several persistent plaintiffs have pursued lawsuits asserting that President-elect Barack Obama is ineligible to hold the office of president because he is not an "natural born citizen." Their claims were rejected in lower courts, but they have filed motions and appeals at the U.S. Supreme Court.

Q: What do these suits say?

A: One filed by Philip Berg, a lawyer in Lafayette Hill, Pa., asserts that Obama was born in Kenya, even though he has a birth certificate from the state of Hawaii showing he was born there on August 4, 1961. A second, by Leo C. Donofrio of East Brunswick, N.J., asserts that neither Sens. John McCain nor Obama were natural born citizens.

"Even if it were proved (Obama) was born in Hawaii," he was not a "natural born citizen," Donofrio says, because Obama's father was born in Kenya. But under U.S. law, persons born in the U.S. are natural born citizens.

Berg sued Obama, while Donofrio sued New Jersey's secretary of state. Initially, the suits sought a court order to remove Obama's name from the ballot. Since early November, they have lodged appeals and motions saying courts should intervene to block Obama from becoming president.

Q: How have these suits fared?

A: They have lost at every stage. Berg's suit was rejected by a federal judge in Philadelphia who ruled that Berg had no standing to sue. To bring a lawsuit, someone must show he has suffered a personal injury of some sort. A general complaint will not do. For example, a taxpayer cannot bring a suit claiming the war in Iraq is unconstitutional because this is a general complaint. This doctrine prevents the courts from deciding broad and abstract constitutional questions.

Having lost before U.S. District Judge R. Barclay Surrick on Oct. 24, Berg skipped the U.S. appeals court and filed an appeal with the Supreme Court on Oct. 30. Donofrio's suit was rejected by state judges in New Jersey. On Nov. 6, he filed an "application for emergency stay" at the Supreme Court, first with Justice David Souter and then Justice Clarence Thomas.

Q: What will the Supreme Court do with these suits?

A: If these suits had gained traction early this year, it is possible a judge could have ordered a hearing to review the evidence on whether Obama or McCain were "natural born citizens," as required by the Constitution.

But these suits have very little chance of gaining a hearing now. The Supreme Court decides legal issues. It does not resolve factual disputes. In the suits over Obama's birth, the plaintiffs have not persuaded any judge that the president-elect was, in fact, not born in Hawaii. The Supreme Court would have no basis for reconsidering that basic fact.

The justices also review rulings made by lower courts, usually when there is a disagreement about the law. In these cases, lower courts dismissed the suits without handing down major rulings. The same fate befell plaintiffs in 2000 who sued George W. Bush and Dick Cheney on the grounds that both were Texans and the 12th Amendment says the president and vice president "shall not be an inhabitant of the same state." The suit was thrown out for lack of standing.

In Donofrio's case, he did not file a full appeal, but instead an "emergency stay" motion with two justices. When persistent litigants file motions with more than one justice, the court's normal practice is to refer the matter to the full court. In Donofrio's bid for an emergency stay, the court's computer said it was "Distributed for Conference of December 5." This routine referral was treated on some blogs as though the justices had agreed to debate or deliberate on the matter.

If the justices believe an "emergency stay" raises an important point, they ask the other side to respond. They did not bother to ask for a response to Donofrio's motion.

The court receives about 150 appeals per week, and all but a small fraction are rejected without discussion among the justices. Donofrio's is likely to be denied without comment this morning. Berg's is likely to meet the same fate.

Digg Delicious Facebook Fark Google Newsvine Reddit Yahoo

Comments

Conspiracy theorists and paranoids will always be among us. They always have been. Why is this news?


Hope for the truth-
No cover up.


What goes around, comes around.

This is just the other side of the "John McCain isn't a natural-born citizen because he was born in Panama" foofaraw that we heard during the campaign. It has just about as much merit.

My advice to Messrs. Berg and Donofrio: Let it go.


For 3 days in a row, I agree with MJ. People believing this are just plain nuts, or else very sore loosers. I am willing to bet that everyone complaining right now had another horse in the race last month. In order for this "theory" to be right, you would need:
1. A man that is crazy enought to try to be president knowing he will be vetted
2. A false birth certificate
3. A public health official playing part of the coverup
4. Lower courts making wrong decisions
5. A 2 year election process that did not uncover any evidence of such
6. A vile Pug party that has not found evidence yet
7. Factcheck.org, which is considered the standard in such matters, to be wrong

So please, try to be better loosers next time. Also, try for a change to be a patriot and support this country, and not divide it for a change. MANY dems supported Bush after 9-11 (rightly or wrongly), so now is a time for you idiots to step up and do the same. If there ever was a president that needed impeaching, it was Bush2, but that did not happen, so just show some class and respect, or I can assure you that your party (pugs, constis, libs) will NEVER be considered a competetive party again.


If the Tribune and Swamp didn't see fit to write about this before the election, why write about it now? Sounds like more media (a) trying to show they give "full coverage" to Obama; or (b) discrediting any who would criticize Obama. If it's the former, this is typical of the Tribune that comes too late to a story, as when they didn't cover Obama's close ties to Rezko or Rev. Wright, when Obama first ran for U.S. Senate, or before the Presidential primaries. If the latter (and I don't think this claim against Obama has much legs), then it's also in the typical of focusing on the most "out there" criticism to imply that any charge against Obama must be crazy. Nice work, Swamp. Let us objective readers know when the Kool-Aid runs out.


No less a luminary than Judge Posner has suggested that the doctrine that birth on US soil (in this case the volcanic soil of Hawaii) could be changed by judicial decision or re-construction of the Constitution, without the necessity of amending the Constitution.

And it is true that, e.g., in Germany, just being born there does not confer citizenship (wonder where that idea came from?).

So these suits, while red herrings and advanced to try to delegitimize Obama's election, do touch on some serious issues.

Phoney affidavits from "witnesses" to a "Kenyan birth" in 1961--come on, Karl. You can do better than that.


This is just some prejudice person who started the ball to roll because thought of a black family in the whitehouse and being commander splits their guts up. Sit back and relax, all of this is a ploy, so you can't win and I suggest you go back under the rug that you crawleds out of.


The conspiracy theorists and paranoids need to suck it up ... he won ... move on! However, they are quite humorous.LOL


You would do a service to the American people if you at least commented on whether there is any factual merit to Mr. Donofrio's suit, rather than simply dismiss it outright on procedural grounds. We are talking about whether Obama is constitutionally eligible to be President of the United States. I believe the American people deserve to know the facts and not just be told about some technical way that the Supreme Court will refuse to hear Mr. Donofrio's case.


Most of the citizenship questions could be cleared up by providing a $14 document. I have no idea why Obama would employ a team of lawyers to prevent the release of this information.


If there was any doubt about this the constitutional experts and law makers would have taken this issue prior to the election. SO please Inky and the rest of you who are bent on disrupting the future of our country PLEASE go back to your holes and wait for 2012 already!


Bemused--The most convoluted logic I've seen on The Swamp. Thanks for keeping us... amused.

BTW:

http://thecaucus.blogs.nytimes.com/2008/12/08/supreme-court-rejects-appeal-over-obamas-citizenship/?hp


Can you imagine what would happen if the 5 cons on the SC decided O was not a nat born citizen and MC was?


I do not get how all of you are just soooo understanding that there could be a possibility he is not a natural born citizen. It is not racist or discriminating at all. If someone is not legal to run for office then how can they will and lead this country. You people are ignorant to think this is irrelevant. I guess you want the next president after Obama to be a foreign citizen that has not been in the country long enough to lead it. That is if Obama stays president.


To be upfront, I do believe Obama is a US Citizen, but not a Natural Born US Citizen. And, I believe there is a difference.

Having done research on previous presidents and vp's, as well as reading Donofrio's research - I have come to a conclusion.

We can clear every past president except Chester Arther, he was not a Natural Born Citizen. He knew this and was ONLY allowed to serve because he lied about everything and burned documents. As far as I'm concerned, there is a black mark on his presidency due to this - it seems to be the issues that defined his place in history - as too will it be what defines Obama's presidency when we look back in time.

Obama will not be remembered as the first African-American president (because he wasn't, there were several before him with African ancestry) - but he will be remembered just as Chester Arther is - as an usurper.


And btw, I do NOT believe McCain was a Natural Born Citizen either.

While I am of a conservative mind-set, this great nation spoke and said they wanted change and that change came in the form of a Democrat - that, I have no problems with.

My only problem comes from that person not being eligible. Had Obama been born of two US Citizens on US soil, agree or disagree, I would respect him and support him as my president. However, since I do not believe he is eligible, I will not acknowledge him as my president - unless a court of law issues a decision that he does meet the eligibilitiy requirements for POTUS.

While I will not acknowledge Obama as my president - I will continue to show my respect to the Office - although I disagree with the man in that office. In other words, I will not treat Obama as most liberals have treated Bush.


Obama traveled to Pakistan in 1981 on an Indonesian passport, not American.

His Indonesian stepfather adopted him in his home country so that Obama could attend school there. When Obama returned to the states, he did not take the steps to become a naturalized citizen, thereby remaining a foreigner.

This reporter is full of you know what. Facts are what support the law and the petitioners have done precisely that, presented facts to support the law.

The Supreme Court decided in 2000 who would be president and guess what? They decided again.

Just remember, when BO takes the oath of office, any law, any action he places his signature will at some time, when the facts do bear out, come back to haunt this country as he was not eligible to serve.


Certificate of Loss of Nationality


Some of you people including this lawyer are completely ingorant of the law.
Wow! You do not need to have even one US citizen as a parent to be a natural born citizen.
You are not prevented from holding dual citizenship either, and the State department recommends that someone travel in a country on that country's passport if you have it.
I imagine, that people would be less likely to be hostile to an indonesian in Pakistan than an American.
You should really research the requirements before you spout stupid things like "Had Obama been born of two US Citizens on US soil" or "His Indonesian stepfather adopted him"
So what, that doesn't mean that he gave up his US citizenship. He was a minor for one thing, making any decision null and void, and secondly you have to physically get a letter from the State Department confirming that you have given up your citizenship, it is called a "Certificate of Loss of Nationality".
If someone can produce a certified copy of that, I will believe this craziness, otherwise get your facts straight.
The law is the law.
You cannot change it to suit you because you do not like someone.
I do not know the circumstances of McCain's birth, but if it was on a US base, the suit has just as little merit as it does against Obama.
The real question here is how does someone with so little knowledge of the law become a lawyer that anyone takes seriously.
This guy is no better than an ambulance chaser.


You have to hand it to Obama. He and his team fooled everyone in the world, including the most savage and ruthless GOP investigators.

Looks like the only ones to figure it out are Berg, Donofrio, James, Kyle, Sally, and Gina.


Oh, how clever, how shrewd.


A NEW LAWSUIT
‏Broe v Reed
December 6, 2008
James Broe and 11 other Washington voters have filed in Washington’s Supreme Court to have the votes cast for Senator Obama set aside, because he failed to establish that he was even an American citizen running under his own name at the time of the election, let alone a “natural born citizen” as required by the U.S. Constitution. Unlike other cases that have been dismissed for lack of standing, these plaintiffs have standing under a unique Washington statute that allows any registered voter to challenge the election of someone who, at the time of the election, was ineligible to hold the office.
The Secretary of State’s office has already admitted it did nothing to determine Senator Obama’s eligibility, and Senator Obama hasn’t produced a single piece of evidence to prove he was born in the United States that would establish his eligibility, although the burden to prove his eligibility was placed on him by the rules of the national Democrat Party. Counsel for the plaintiffs Stephen Pidgeon had only a two word comment: “case closed!”


Wow, Sally. As if we care.
You can join Bemused (who somehow missed this story before the election) and recognize Hillary as President if you wish. That won't make it so.


Berg has a very good argument. Who has come out and said it was a authentic Birth Certificate? Factcheck.org, a website that is connected to Obama? Obama's supporters? This is not about winning or losing, Republican or Democrat. This is about upholding the Constitution. I want FORENSIC evidence that leave no questions. I want professionals to analyze this, as this is a CONSTITUTIONAL issue. Arnold Schwarzenegger couldn't run for President because of the Constitution; so this is a VERY valid lawsuit. If the Supreme Court sweeps this under the rug, there's no telling what this administration can and will hide.


Contrary evidence means only one thing: the conspiracy continues and is even deeper than we thought!!!!!!!


Wow, Gina. Perhaps you will write a novel some day. Your fiction is so creative. But legal cases require facts.


Mr. Obama is hiding something else he would have already provided full disclosure, but he has not and will not. Surely the Supreme Court must know that the truth will eventually come out with or without their assistance. May God bless us and protect our Constitution it is sacred.


His birth certificate is public, Dave; what is he hiding??


Has anyone seen Obamas' school transcripts? What about his Draft Registration. I heard the one posted on Obama's website was on a form that was not in use at that time period? There are so many questions on why he is hiding his past.


This is the stupidest article I've ever read. I read Donofrio's case and it's not Berg's argument at all.

He asking the SCOTUS to clarify a term in the Constitution, which is their JOB to do. You make it sound like it's NOT! It is!

What I see is a bunch of justices who can't be bothered because their reputation was scrutinized after Bush v. Gore, so they decided NOT to answer a simple question. Is he natural born or not, considering his father was British, which Obama admits and the Constitution says you can't be and run for POTUS. End of story.

Stop lying in these stupid articles trying to get the ignorant to believe you have sort of profound point to make. You only make yourself look stupid to those who know better.


Obama ran for the office of President and he therefore has to show that he is a "natural born Citizen." This standard has two elements that need to be satisfied: that he was born on U.S. soil, thus making him a "Citizen," and that he is a "natural born Citizen." The second issue involves complex and novel constitutional arguments. The first issue is very simple for him to resolve-he just produces credible evidence he was born in Hawaii. Why as of December 25, 2008 the first issue has yet to be fairly decided? Is there no official in the whole United States who can provide the public with this very simple bit of evidence? Where is the credible proof of Obama's Hawaii birth? Let this one official provide our Nation with this easy piece of evidence so that we can all stop arguing about it and spending so much time and money. If the official's hands are tied because of some State law on privacy, Obama can help and do the right thing by simply consenting to release his papers. I hope that he does not put himself in such high regard that he believes that his privacy rights have greater weight than the public interest in assuring itself that he is Constitutionally eligible to be President.

Mario Apuzzo, Esq.


I have watched this topic with some interest. I thought that it was a red herring because if there were any true to it then the Hillery Camp would have jumped on it. Now there are 20 law suits demanding a real birth certificate not a document of live birth. there is a difference. A birth certificate has the doctors name, hospital, vital information about the parents and the child. A live birth certificate only gives the parents names, the name of the child and certifies that the child was a live birth. It can be issued to those not born on American soil because it only states that the child was born alive and not a still born. At the time of Obamas birth such certificates were issued to non American born children. It does not give proof of natural born citizenship.

When McCain was questioned on his citizenship, he promptly produced proof, his birth certificate showing two American parents born on a Military base. Obama has not proven his citizenship. Instead, his camp has offered a document of live birth instead of a birth certificate. there are questions of where he was born. His own family cant agree on which hospital he was born in. Then there is his grandmother that claims that she was there at his birth in Kenya. Whether these stories are true or not, it could all be put to rest with a true birth certificate. But Obama is stalling and wont provide one. Makes one wonder what he is hiding.

Some say that the fact that his mother is an American makes him a citizen. However, that did not become standard until around 1985. Obama was well into his 20s by then. Before, it was two parents as a standard. Did the 1985 law make it retroactive, I dont know. However, one thing can resolve that; a valid birth certificate.

His family cant remember which hospital he was born in and there are stories that his grandmother was at his birth in Kenya. Is there truth to any of this. I dont know but a valid birth certificate would solve the problem.

Now with 20 lawsuits pending there is a growing movement to withhold the electoral vote until proof is given. I support this idea. I work as an auditor and this smells like someone is hiding something. Another way to prove natural birth is to check the records of the hospitals at the time of Obamas birth. Somewhere his mothers name should be registered and a record of a baby born to her.

Obama has a duty to prove that he can run the country according to the Constitution. How can he uphold the Constitution if he himself ignores its articles. Until he does, he should not rule.


I personally believe Obama is not eligible to be president. If you and I have to provide a birth certificate to get a driver's license, why wouldn't a person seeking the office as president have to provide even more legal documentation. I say that the citizens have a legal right to kick Obama out of office with the force of millions. Those who would oppose us, and come against us are anti-gun anyway. How much strength could they have?


The whole world except the communist-democrats in the US will always remember Obama as an imposter or userper. Obama is the intruder sent by foreign governments, anti-America.
He is Communist-democrat's Prez only.


Post a comment

(Anonymous comments will not be posted. Comments aren't posted immediately. They're screened for relevance to the topic, obscenity, spam and over-the-top personal attacks. We can't always get them up as soon as we'd like so please be patient. Thanks for visiting The Swamp.)

Please enter the letter "e" in the field below:

Barack Obama
Want to see more photos? Click here