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U.S. Supreme Court Dismisses Challenge to Obama Presidency
Previously dismissed by Justice David Souter, a lawsuit filed by Leo Donofrio of New Jersey, later returned to the justices by Justice Clarence Thomas, requesting a review of the case, was dismissed today without comment.
Justice Souter is assigned to the U.S. Court of Appeals for the Third Circuit. The state of New Jersey falls under its jurisdiction. Mr. Donofrio's lawsuit was filed in New Jersey.
On the first page of a document released by the Supreme Court is listed only, in addition to Justice Thomas' request, the information that the case has been dismissed.
Background regarding Mr. Donofrio and the lawsuit from Afro.com:
Donofrio is a retired lawyer who identifies himself as a “citizen’s advocate.” The {AFRO} learned that he is a contributor to naturalborncitizen.wordpress.com, a Web site that raises questions about Obama’s citizenship.
Calls made to Donofrio’s residence were not returned to the (AFRO) by press time.
Donofrio is questioning Obama’s eligibility because the former Illinois senator, whose mom was from Kansas, was born in Hawaii and his father was a Kenyan national. Therefore, Donofrio argues that Obama’s supposed dual citizenship—in Kenya because of his father’s citizenship there and the United States because he was born in Hawaii—does not make Obama “a natural born citizen” as required by Article II, Section I of the U.S. Constitution. It states: “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.”
Donofrio had initially tried to remove the names not only of Obama, but also the names of Republican Party presidential nominee John McCain and Socialist Workers’ Party candidate Roger Calero from appearing on the Nov. 4 general election ballot in his home state of New Jersey.
It is noteworthy that this dismissal occurs four days before the eight year anniversary of the Supreme Court's intervention in the election process in 2000, Bush v Gore, after former Vice President Al Gore won the popular vote of the electorate, challenged by then Governor George W. Bush's campaign, seeking to block the counting of ballots in Florida, with Justices Souter and Thomas finding themselves on opposing sides of that case as well, with Thomas in concurrence with the ruling against the count and Souter writing a dissenting opinion.
Click here to review the document released by the Supreme Court regarding dismissal of the lawsuit.
Click here to read more about the lawsuit filed by Mr. Leo Donofrio.
One down, possibly dozens to go.
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Most RecentMost Recommended Comments (32)
at 09:20 on December 8th, 2008
Of course. Let Barack Obama do the job. That is tough enough
at 10:58 on December 8th, 2008
-a good non-ruling at this point in time, as the race hustlers would have the ignorant, unwashed Homer Simpson/ Snopp Dogg populace in arms over an adherence of the Constitution in this matter, unfortunately, as this liar and his willing accomplices in the domocRATic party would have no higher governing authority other than themselves to answer to.
And so, Osama is stacking the deck with former Freddie Mac/ Fannie Mae and ex-clintonites appointed to every position he can appoint, leaving Mr.Gates (-a strong supporter and one of the architechs of the Iraqi "surge" policy) in his position of authority over the war against terrorism. Looks like Guananimo will remain open and occupied (-thank God), and Osama promices that tougher times are ahead financially for America.
So much for "Hope" and "Change" and "a brighter future" via regime transistion.
democRATs STILL control congress, and they're looking to re-institute the ban on off-shore drilling, -you dolts.
PS - now that we've elected our Second Black President (-remember, BillyBob the Master-bater was heralded our first by the leftwing views media), could all the race-baiters just dry up and blow away already?
at 11:45 on December 8th, 2008
you dolts
May I suggest a "kinder, gentler" tone of discourse?
at 14:39 on December 8th, 2008
This should put an end to the issue. Of course, we were subjected to daily 'selected not elected' for eight years, so the issue might live on. And it will probably continue to be alternative history for a few for another generation.
at 12:29 on December 8th, 2008
-fortunately, for America, President Bush WAS elected, and the great snake-oil salesman ("-can I sell you a few carbon credits? or the Brooklyn Bridge?") Algore, was not allowed to STEAL the presidency (-by way of count, after re-count, after re-count, after re-count, of which he lost in all). When Yiminy Carter, the peanut farmer was president, we were supposedly entering an ice age, oh for the good 'ol days.
at 12:53 on December 8th, 2008
Unfortunately for America, Bush and Cheney, with the help of the ultra conservative wing of the Supreme Court, stole the election in 2000, a feat I think the entire bench may have decided would not set well with the American people, if it was attempted again, at least this time.
Only time will reveal how emboldened some may become when and if these suits keep winding their way through the court systems, on all levels.
at 14:36 on December 8th, 2008
In 2000 the Ds nearly stole the election.
at 20:53 on December 8th, 2008
Yeah! Can you imagine the nerve trying to steal an election by getting more votes?
Cue the ACORN Big Lie argument, coming up!
at 13:57 on December 8th, 2008
Mr. (Mad-)Hatter,
Unfortunately, your supposition that "Bush and Cheney, with the help of the ultra conservative wing of the Supreme Court, stole the election in 2000" IS UTTERLY RIDICULOUS, any child that that was a witness to what had happened during the election of 2000 could see that exactly the opposite was attempted, and as a result of the hysterics of the lunatics of the "ULTRA" -leftists, this would just not be allowed by the supreme court. Actually, with the use of ACORN, many thousands of ballots for Hussian Obama have come into question. Quite possible the presidential election has been stolden, SUCESSFULLY this time, by the party of the same hypocrites and liars that attempted the same then. nice try. :)
at 16:12 on December 8th, 2008
Sad ...
at 16:21 on December 8th, 2008
See, I told you Obama was the gunman on the grassy knoll.
at 14:26 on December 8th, 2008
"Unfortunately, Ms.Hatter,
not everyone is fooled by the main-streams, and some of us actually pay attention.
at 16:14 on December 8th, 2008
How could you possibly be paying attention when your head is obviously completely up your own arse ?
at 16:20 on December 8th, 2008
Please tell us when you plan to start paying attention. At that point, it might be interesting.
at 16:08 on December 8th, 2008
The conclusion of Justice David Souter's dissent from the majority, December 2000:
What must underlie petitioners' entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed. Otherwise, their position is wholly without merit. The endorsement of that position by the majority of this Court can only lend credence to the most cynical appraisal of the work of judges throughout the land. It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.
I respectfully dissent.
As relates to the 2000 presidential outcome, the phrase " ....confidence in the judge as an impartial guardian of the rule of law.", can, should and would apply in all cases of the judicial decisions during this period, including the Supreme Court, as stated by Justice Souter, which he has identified as being lost in this process when the majority opinion was rendered.
at 15:36 on December 8th, 2008
Karen, thank you for this story. The matter of whether or not Mr. Obama is constitutionally eligible for the Office of the President of the United States aside, results of the popular vote are not guaranteed to stand because the Electoral College has not cast its vote. In other words, it is the Electoral College that decides who goes or who stays, not the popular vote. I believe that the Electoral College will cast its vote on December 15, 2008. Additionally, the Electoral College has an obligation to uphold the Constitution of the United States of America. Let us hope for the best!
at 15:54 on December 8th, 2008
That is correct, Rhonda.
Until the Electoral College casts its vote, President Elect Obama will not become President Obama and after that, he will not assume the office of the President of the United States until January 20, 2009.
However, he has earned at least 365 Electoral College votes, with only 270 required. It is not anticipated that any remaining uncounted mail in ballots or provisional ballots will alter the reality that he will be elected the 44th President of the United States.
Click here for further details, dates etc., regarding this year's Electoral process.
at 16:20 on December 8th, 2008
Thank you, Karen. It is the case then that we have the Bush/Cheney team because of the Electoral College. The 'election' process --- very interesting!
at 17:04 on December 8th, 2008
Yes, but only as a consequence of thousands of Florida voters' votes not being counted, mainly in traditional Democratic districts, the whole 'hanging chad' debacle and the challenge by Bush-Cheney to block the recount, with Justice Stevens writing in his dissent:
In the interest of finality, however, the majority effectively orders the disenfranchisement of an unknown number of voters whose ballots reveal their intent–and are therefore legal votes under state law–but were for some reason rejected by ballot-counting machines. It does so on the basis of the deadlines set forth in Title 3 of the United States Code. Ante, at 110. But, as I have already noted, those provisions merely provide rules of decision for Congress to follow when selecting among conflicting slates of electors. Supra, at 124. They do not prohibit a State from counting what the majority concedes to be legal votes until a bona fide winner is determined. Indeed, in 1960, Hawaii appointed two slates of electors and Congress chose to count the one appointed on January 4, 1961, well after the Title 3 deadlines. See Josephson & Ross, Repairing the Electoral College, 22 J. Legis. 145, 166, n. 154 (1996).[5] Thus, nothing prevents the majority, even if it properly found an equal protection violation, from ordering relief appropriate to remedy that violation without depriving Florida voters of their right to have their votes counted.
at 18:10 on December 8th, 2008
Thank you for expanding my knowledge base, Karen. I had never read Justice Stevens' dissent -- very interesting.
at 15:42 on December 8th, 2008
An additional link: U.S. Electoral College Homepage.
at 16:09 on December 8th, 2008
Source: my.nowpublic.com
Coudn't they have at least used the term, 'frivolous ?'
at 16:24 on December 8th, 2008
Nope, you can't use the words "frivilous" or "activist judges" when it pertains to the nutty righters.
It's only those lefties who believe in a government of laws who take frivilous lawsuits to activist judges to overturn right-wing garbage legislation.
It's rather sad, really.
at 18:06 on December 8th, 2008
The supreme court is supposed to enforce the laws of the constitution by which this country was founded upon. If this isn't of importance to them then what is??? If obama is a citizen then why can't he produce his records. I am a american citizen and I can produce my birth records why can't he???? His flagerant regard for our constitution and it laws is a determent to our country. God Help us ...
True American
at 20:19 on December 8th, 2008
So, if you keep saying it over and over and over, you'll expect us all to believe it?
at 20:05 on December 8th, 2008
As evidenced by the continuing din from some quarters, I am sure there will be more attempts to transform the results of this past presidential election.
I stated at another comment thread, as much verification that's required for doing anything in the United States, it's almost a given that President Elect Obama has satisfied those individuals in this process that matter as pertain to having seen his documentation relating to his birth.
Shortly after the closing of the polls at 8:00 PM Pacific Standard Time, on Tuesday, November 4th, 2008, Barack Obama was declared President Elect.
The citizenship challenge, which I had found and still find disingenuous and without merit, but proffered by some, occurring during the primaries and the general election, may have represented a sincere effort to enforce constitutional requirements; maybe, and that's a small maybe.
However, any activity now, being disguised as getting to the root of things out of concern for the Constitution can only be characterized as a plot to usurp the results of the election.
My thanks to all for their recommends and whatever substantive contribution and interaction has appeared here.
at 20:58 on December 8th, 2008
if you'd done some research you would have found that there are statutes in place that prevent the Hawaiian government from releasing the documentation that Phillip Berg, Donofrio and other conspiracy nuts are asking for. The "vault" copy of a birth certificate is protected by laws, and thus the only certificate that Obama would be able to obtain is the one that the FEC, INS, and US State Dept have accepted as being real and the one he has shown. Furthermore, On November 23th, the Hawaii Department of Health has confirmed that the COLB copy extended to Obama is based on its original (the one in the vault) and therefore is 100% AUTHENTIC.
People should educate themselves before taking sides or expressing ignorant "opinions". For more info on all the legal issues surrounding this frivolous lawsuit and the vexations litigants sponsoring it, check out www.whatsyourevidence.com
There you can find an excellent legal analysis of the issue. No bias, no disinformation, no subjectivity, simply the facts.
at 03:38 on December 9th, 2008
Your rudeness aside, I was not referring to any specific document, had you read and understood what was written.
My inference is that at some point in this process, Barack Obama was required to provide some verification as he has embarked on this journey.
I did not say he had produced any particular piece of paper.
at 02:44 on December 9th, 2008
<Lizardo> -you are obviously the "arse", nice how you got your one line contribution posted, lolololololololol -what an intellectual!! I am aghast and in awe!! -you must be one of those "Hope and Change" seekers (ROLF). -and here is "the One",democRATic-party annointed and set in place to establish your will on earth..... little did you know the "Hope and Change" you so longed for would be carter/clinton 2 with a touch of George Bush Iraqi war thrown in. -sucker.
at 04:00 on December 9th, 2008
~funny how civility, and a call for "kinder and gentler" discourse all are hysterically demanded from the left as they shout "right-wingnut" and "extremists"and such like, compounded with their lies and distortions so eloquently vomited out upon the ignorant, brain-dead populace.
There is a reason why Alfred E Barak HUSSIAN Osama has not released his birth certificate, and why the "Supremes" have opted out of a ruling on this matter. It is the same reason why this Hussian had lied and broken his campaign promises (-remember -he promiced a NO publicly funded canpiagn,) right out of the gate. It is because he is a typical liberal-democRAT. They all lie -it's their mode of operation. And the "Supremes" made no ruling because they know that liberals will stop at nothing to gain power over the moronic masses (-they called for riots and chaos in the streets of America if this clown didn't win) -they attempted to lose us the war against terrorism against Iraq (-just as they cost us a victory over the Chi-coms in Vietnam, by pulling all funding from President Nixon's efforts there, which were quickly turning the tide there via his "Vietnamization" program) -read a book people.