SCOTUS rejects case questioning Obama's eligibility
By SilentPatriot Monday Dec 08, 2008 12:00pm
That sound you hear is wingnuts weeping across the country.
AP:
The Supreme Court has turned down an emergency appeal from a New Jersey man who says President-elect Barack Obama is ineligible to be president because he was a British subject at birth.
The court did not comment on its order Monday rejecting the call by Leo Donofrio of East Brunswick, N.J., to intervene in the presidential election. Donofrio says that since Obama had dual nationality at birth _ his mother was American and his Kenyan father at the time was a British subject _ he cannot possibly be a "natural born citizen," one of the requirements the Constitution lists for eligibility to be president.
I'm with Anonymous Liberal: What, exactly, is the endgame here? If someone proved beyond the shadow of a doubt that President-elect Obama wasn't born in Hawaii, where do we go form there? It's pretty clear that the people who are doing the questioning have no clue.








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HA!
In YOUR FACE, neo-con wingnuts!
Latest ‘Election Lawsuit’ Alleges Obama a Dual Citizen of Krypton
That this silly shit went this far is embarrassing to the whole fu*king country. So what will their next move be? Are they going to say he lied about his age and he is too young to be the president?
Is that, during both the primaries and general campaign, there was barely a peep about Obama's admitted drug use.
Christ, you think that if Cons had a way to strip away some votes....
it was screamed about in the scumboro, shammity and oLIElly neighborhoods. and people stopped listening.
And in all candor, honesty and classic coolness Obama answered, "umm...yes I inhaled - that was the point".
Obama dabbled in drugs briefly as a teen back in the 1970s.
Cindy McCain was a bona-fide ADDICT who stole prescription drugs from her own charity - drugs intended for KIDS in the THIRD WORLD. She cut a deal with the Feds and ratted on her own employees to avoid prison time. This was 15 years ago.
The McCain people smartly never went near the drug issue.
Damn those Papists and their loyalty to the Holy See.
You mean Antonin Scalia?
Because he actually faced that sort of bullshit.
and Obama had 'wright' and the 'secret muslim' accusations to deal with.
A guy came up to me and tried to get into discussing this with me. I flat out told him he sounded like a 9/11 conspiracy nut job and he shot a look at me as if he had just pissed his pants.
The next step for Donofrio is to prove that Hawaii is not actually a state but an independent kingdom.
Aloha, Leo Donofrio, don't go away mad,... just go away.
Didn't I read something about the descendents of Hawaii's former royalty?
http://www.royalty.nu/news/08/08/MocHawa.html
Not good loser, are they? What inane bullshit. Maybe they were hoping for civil disorder so they could march the troops (and Blackwater) onto the streets.
Well, if Obama isn't a natural-born citizen, then he's also a secret Muslim terrorist plotting to overthrow the government. Don't you see?
And we'll just have to allow Bush to stay on until a new president can be elected.
In truth, what would happen is that Joe Biden would become president, the standard procedure should the president (or president-elect) become unable, through death or incapacitation, to complete his term.
The essential legal principle (IMHO) here is that a private citizen cannot challenge another's citizenship; that's for a legal entity, such as INS, to determine. Or, in this case, the FEC to determine upon a candidate mounting a successful campaign. I cannot walk up to someone on the street, whether they be a public figure or not, and challenge their citizenship, demanding to see proof.
When a person ask for a copy of their birth certificat that all look alike. With the name of the parents and even the time of your birth. Only Justice Thomas was looking into handling the case but not for the right reasons. Justice Thomas see's his dead Mother and Grand Father and hasn't written an opinion since he has been a Justice. One might think he didn't know law well enough. He get's the decision of a case from Scalia. Now Chief Justice Roberts had to step in and put an end to Justice Thomas's witch hunt. I guess some Republicans think if they can remove Obama that can put McCain/Palin in the White House. If only Americans had learned how the US Govenment and Law work. It's going to take a while for all this to sink in for the Republicans maybe when Obama/Biden are re-elected in 2012 they will finally get it that Obama/Biden are President and Vice President of the United States. Oh somebody tell Tweety Matthews please.
it ain't just some xerox crap.
You have to wonder how much debt in attorney fees this guy ran up in his wild goose chase. I hope it is substantial.
is Congress, to ask for a bailout.
trying to get this resolved. I wonder if whether, kind of in Joe the Plumber kind of way, he has something to hide with his own Birf Cefticate? Don't all these Rethuglicans "PROJECT" their faults?
that's why Teh Gay is the ultimate evil. didn't you know that?
Donofrio, is unfortunately, a member of the New Jersey Bar.
The end game that your looking for is not to win any court battle but to put the idea out there that Obama's presidency is illegitimate. By not taking the case and making a definitive ruling the SCOTUS has left the meme out there for the use of the right wing nutcases to use.
That would mean that Newdow v. United States (the atheist who objected to 'under God' in the Pledge of Allegiance) has his case sustained by SCOTUS declaring that his petition is without standing.
But I'd really love to see some of these whingers going on about 'activist judges' opine on any ruling in this regard.
In that case the court ruled that because he didn't have sole custody of the child that he was claiming was being harmed by the use of 'under god' in the pledge he didn't have standing to bring the case in her behalf. At least that is the way I remember it. They didn't rule in the merits of the case it self.
true.
... and neither does Mr. Donofrio. "Refuse to hear" doesn't mean, "Go away, kid, you bother me." - it means the question is suitably addressed by lower courts and/or existing law, with no necessity for a SCOTUS ruling.
It does not, inherently, 'leave the meme out there for right wing nutcases to use'
The entire thing is laughable. And so are the idiots pursuing it.
I know the attorneys are enjoying this!
:<[):<[):<[):<[)
we actually had to have a supreme court action. such an unqualified asshat on the supreme bench. we have the other boosh preznitwit for that.
It doesn't matter to the wingnut conspiracy fringe that the SC has refused to hear this idiotic case. Indeed, their refusal is now going to go into the GOP base memory as evidence that Obama's landslide victory was still somehow illegitimate. Be prepared to hear this particular meme as part of rightwing litanies for the next four years at any rate.
...of the morons who dutifully wrote their letters to the editor for Jan. 20, 1993 that Bill Clinton's first official act should be to resign. They were fully 20% of the letters that were printed. Did they think that if he did that the Presidency would revert back to George Bush the old?
I wouldn't be surprised if they did believe that. These are conservatives we're talking about - who would later prove their feelings toward America by blowing up the Murrah Building.
Nope, the wingnuts are digging in deeper on this. Go to freerepublic.com or lucianne.com.
Most of them are willing to accuse Scalia and Thomas of cooperating with the Obama's alleged deception!
It's truly amazing.
is a river in Wingnut Land.
Mmmmm, that bottle of Conservative Tears was so tasty :-)
just what kind of crack the wingnuts smoke. Growing up in the ghetto, I've seen and heard some of the shit that crackheads do, and this is some cracky shit here for sure! Kids, like Whitney said, crack is whack.
I swear I just heard Mike Hucabee scream, "God damnit"!
some people said that :)
I was hearing things
The fact that certain people will go to any lengths to try and win or change an election just cheapens our democracy. The microscope that candidates are now being put under must scare a lot of good people away from public service.
I wonder if this guy and others like him believe a fat man in a red suit will come down their chimney with toys and candy on the night of Dec. 24?
Did he actually believe he could take the office away from P-E Obama? I mean seriously, did he see that as a possible outcome? If he did, this guy is just mentally deranged.
for 15 minutes of fame ala Joe the Plumber!
Leo the Lunatic?
"I'm with Anonymous Liberal: What, exactly, is the endgame here? If someone proved beyond the shadow of a doubt that President-elect Obama wasn't born in Hawaii, where do we go form there? It's pretty clear that the people who are doing questioning have no clue."
The question was raised by Paultard truthers, they have no clue what they want to do, only that BIG GUBBMINT must be destroyed.
Saturday we ran into the guy who used to be an insurance agent where my husband has his insurance policy for his business. The guy was shaking hands with someone and speaking rather loudly. He saw my husband and asked him how he was doing etc. My husband teased him and asked him if he was running for mayor or something due to his hand shaking routine. The guy replyed, "Well I might. We'll have to see how president Osama bin Laden does." The guys wife about fainted in embarrassment.
I guess he wont be getting your vote.
I'm not sure he is intelligent enough to run...but if he did, he most surely would not get my vote.
you should run for mayor. Who knows were it could take you. Maybe you could be the next Sarah Pa....ahh...ummm...forget I said that...
I hope this jackass Donofrio isn't related to Vincent. I happens to love me some Vincent, but would have to reexamine my passion if his brother or cousin is a right wing asshat.
to Vincent isn't it? Maybe they are related but we can't hold one D'onofrio responsible for the rantings of a lunatic cousin can we?
He was great in Full Metal Jacket.
If they are related, please don't hold it against him. My own brother is a 23%er who listens to Rush every afternoon and firmly believes that Obama is a secret Muslim terrorist. I love him very much, and we go to great lengths to avoid talking politics when we get together.
You can pick your friends but you can't pick your relatives,...just don't try and pick their noses...it tends to piss them off.
why? they are two different people. are you the exact same person as your siblings? I doubt it.
Anyone know who the news anchor is in this video? He looks real familiar. I think he's some wingnut from a smaller local station.
I could be wrong but I think this guy was the prick reporter that was in Bowling for Columbine when the little 6 year girl was killed by a classmate. Moving up in the world.
I always get a big laugh out of their argument "omg!! no doctor or nurse remembers him even being born there!!!!!111!!"
well...yeah...I bet I could go up to the midwife who helped my mom give birth to me, and I would highly doubt she'd remember me. Do these losers even know how many births midwives/nurses/doctors oversee in their careers?
Insane, delusional, the whole lot of them.
How stupid is this D'Onofrio guy? He's a Senator, you wingnut dipshits. These people need to get a life.
You have to show your birth certificate to:
- get a Social Security #
- get a driver's license
- get a passport
So Duh-No-Fritos' claim is that at least THREE separate agencies let a 'faked' birth certificate pass by?
"If someone proved beyond the shadow of a doubt that President-elect Obama wasn't born in Hawaii, where do we go form there?" What the hell does this mean?
It means that Silent Pat has contracted the typo virus from Amato.
Second, i think it questions the process for selecting the POTUS if the assumed winner is somehow not around when the Electoral College meets, or between the EC election and Inauguration Day.
Thanks for that.
Was that corporatist sympathizer (read "fascist") Anton Scalia off on a sick day when this decision was made?
Oh no! Freaker birthers are going to boycott Hawaii.
http://www.freerepublic.com/focus/f-news/2145...
Hilarious. Tin foil hat kind of hilarious.
So the Macadamia nut boycott is on? This could really have a big impact on the airline industry
Pineapples? Tourism? Whatever...
...here in Montgomery County, PA who tried to do the same thing in Federal Court in Philadelphia back in October - Philip J. Berg. I happen to know the guy because he's a local atty. who used to show up at various cocktail parties and events held at the conference center where I was previously employed.
I'm sure that Mr. Donofrio, like Mr. Berg, is just slightly deranged - just looking to get his 15 minutes of fame. Phil is notorious in these parts for filing other nonsense lawsuits. Fortunatley, the Federal Judge in Philly rejected his case, but he has promised to appeal to the Supreme Court. I guess this little action will burst his balloon, too. Sorry, Phil.
That sound you hear is wingnuts weeping
What makes you think they'll be weeping? The lack of a decision enables them to keep going with this nonsense. The idea was never to get Obama out of office per se, it was to undermine his presidency through rumor and innuendo. A "no decision" serves them just as well to that end.
What would have been more likely to make them cry would be if the Court took the case and called bullshit on it. I mean, the claim is that Obama had dual citizenship at birth and therefor was not a "natural born citizen." How you can insist that someone who by your own argument is a US citizen, born in the US, is still not a "natural born citizen" is quite beyond me.
But knowing them, even if the Court took the case and said "This is utter nonsense. Get out of our courtroom," it wouldn't stop them. So I guess this way we just save the Court a little hassle.
Sorry, I now see where others have already made the same points. Sorry for the repetition.
To think that a group of protestors stood outside the supreme court to pray that this would show Obama wasn't a citizen. These people are nuts. They forget god is on the side of the righteous people. I guess the republicans forget that part of praying.
It's a life condition. We shouldn't make fun.
What's wrong with these people???? I wonder what the status of Philip Berg's case is.....kind of get the feeling that he has petitioned SCOTUS as well. And that nut case Alan Keyes also has a suit.
I am quite sure these wackos will keep this crap up as long as Obama is in office.
The republican appointed scotus rejected the case because it was ignorant?
To stupid to be considered?
That never stopped a republican before, just look at all the ignorant crap these loons have managed to get shoved down thinking Americas throat.
I think it goes to show that the republican party thrives on ignorance not only among it's leaders but it's followers as well.
You can expect more ignorant crap to follow this afterall we have seen it for over thirty years and not one of them has done anything during that time that shows any sign of intelligence.
Stupid is as stupid does!
In order to overturn Dred Scott, the 14th amendment was passed. It made everyone born in the U.S. a citizen, or anyone naturalized, etc. This provision has become targeted because of the US citizens born to illegals.
In other countries, Obama would have been a dual citizen, or a citizen of Kenya, if the citizenship goes with the father.
They want to be able to bitch and moan that the black president isn't really a citizen by descent, but only a civil war amendment citizen.
million voters is one helluva lot of people to piss off.
Alito, Thomas, Kennedy and the chief, Roberts, are also all Roman Catholics on the SCOTUS. The GOP knows how to appoint Roman Catholics to the bench when it suits them; they just ignore the Papist prejudices of the Oral Roberts U. contingent and seek those endorsements when it suits them.
It pisses me off that this garbage went this far, and the fact that the Chicago Tribune actually ran a full page ad for this fringe group determined to overturn an election at ANY cost.
Considering the Tribune is now bankrupt, they must have needed the money. When you take morons like this seriously, you belittle everyone in the country.
I figured the SCOTUS didn't want to tread in "Gore v Bush" waters again, especially with this crap, which is one of the most frivilous, moronic lawsuits ever filed.
Of course, one of the arguments is that all Obama has to do is show the wingnuts his "real" birth certificate.
Now does anyone in their right mind believe that if you showed a real birth certificate, that the wingnuts would believe it to be the real one anyway? Their keen eyes and CSI-like mentalities would dissect every pixel and smudge with precision. Any smidgen of dirt or blur would be "ABSOLUTE PROOF" of a forgery and the idiots would howl in perpetuity.
As one writer noted, an individual has no right to challenge another person's nationality, citizenship or birth rights, it is incumbent upon the registering agency, Federal Elections Commission, Secys of State, Registrar of Elections, et al, whom are responsible and are the final arbiters.
Scalia and Thomas are trying mightily to overturn democracy...again.
This thread is about a case in which Sen. Obama's eligibility was challenged based on his father's British citizenship at the time of the senator's birth.
Few people are aware that the U.S. Supreme Court in a unanimous decision has already defined the phrase "natural born citizen" in such a fashion as to exclude Sen. Obama from that category.
In Minor v. Happersett, Chief Justice Waite in the decision dated March 29, 1875, wrote:
“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.” (88 U.S. 162)
“It was never doubted that all children born in a country of parents who were its citizens became themselves . . . natural-born citizens.”
Furthermore, in U.S. v. Wong Kim Ark, Justice Gray in a decision dated March 28, 1898, re-affirmed the Minor v. Happersett interpretation:
“In Minor v. Happersett, Chief Justice Waite, when construing, in behalf of the court, the very provision of the Fourteenth Amendment now in question, said: ‘The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.’ And he proceeded to resort to the common law as an aid in the construction of this provision. 21 Wall. 167.” (169 U.S. 649)
Sen. Obama’s website, fightthesmears.com admits that:
“When Barack Obama Jr. was born on Aug. 4, 1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children.”
Thus under the test of Minor v. Happersett Sen. Obama does not qualify as a natural born citizen.
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