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December 8, 2008

Its Official: SCOTUS Shuts Down Last Potentially Viable Argument Against Obama's Eligibility to Stand for the Presidency

At 10:00 am this morning the Supreme Court of the United States issued the remainder of its orders from Friday's private conference. See the actual list of orders is here. With regard to the Donofrio request for an emergency stay, the Court had the following:

08A407 DONOFRIO, LEO C. V. WELLS, NJ SEC. OF STATE
The application for stay addressed to Justice Thomas and referred to the Court
is denied.

As the case was rejected by Justice David Souter earlier in November, and now has been denied after referral by Justice Thomas and a private conference of all nine Justices, this specific argument against Obama's eligibility to stand for the Presidency on the grounds that he is not a "natural born citizen", within the meaning of the Article 2, Section 1 of the Constitution , is now effectively DOA.

3 comments:

  1. Unknown2:11 PM

    Excellent!

    We have too much to do to get tied down with frivilous lawsuits like this one from Donofrio.

    peace, Villager

    ReplyDelete
  2. plez...4:49 PM

    WHEW! thankfully, that's over... if they had gone the other way, it would've been a calamity!

    ReplyDelete
  3. Political Season10:29 PM

    SCOTUS looked into the mouth of madness and drew back from the brink. Extraordinary circumstances make bad law. It would have been a clusterfark of galactic proportions had they given in to the temptation to be strict constructionists without judgment. This was not the time to clarify this ambiguity in the law.

    I take it as a rebuke to the judgment of Justice Thomas as well. Souter rejected this petition before, without a referral to conference. Thomas apparently didn't have the good sense to do so and actually referred it for private conference. I imagine someone, perhaps even the Chief Justice himself must have asked the question "have you lost your mind"? They have four clear conservatives on the court; Stevens, Alito, Thomas and Scalia. You only need four to agree in order to get a hearing an they couldn't get it. Even the other conservatives realized it was a bridge too far, but not Thomas. He was all too ready to carry the water here. Being a conservative is one thing. Raising your hand to bash your own community to prove it is another. The man has lost all perspective.

    ReplyDelete

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