More on that Birth Certificate thing...

[chernmax]

Berg's case is still waiting to be scheduled for conference and Keyes hasn't made any petitions or applications to SCOTUS yet, as far as I know.

It's not really that this one has been 'picked'. It's just that the application has been scheduled for conference sooner than Berg's petition has been. Berg made a petition which had to wait for a certain time period to elapse before being scheduled for conference, per the procedures for a petition for writ of cert. Donofrio made an application, which is procedurally handled differently. This application isn't asking SCOTUS to review the case, it's asking SCOTUS to grant a stay (most likely to enjoin the NJ SOS from certifying the electors) until they can review the case. Because it is an application and not a petition for writ of cert, it can be acted upon quicker. Donofrio had this application denied by Justice Souter (who would have been the appropriate Justice for cases arising in that particular Federal court district); but he decided to try his luck with Justice Thomas, and seems to have found a more sympathetic ear.

I'm curious as to why Thomas is referring the case to conference though, since he could have just decided to grant the stay or not grant it himself. Maybe he intends them to consider the question of granting a writ of cert (i.e. deciding to review the case on its merits) at that conference also. Or maybe they just have a policy to refer 'appealed' applications to conference out of respect for the other Justice. It could also be that the refiled application includes some request to expedite consideration of a writ of cert, and Justice Thomas has effectively granted that application by distributing it for conference. Who knows?

So, the answer to the question is that they haven't really picked this case over any others, it's just that the nature of this motion is different and thus it fell under different procedural guidelines and made it to conference quicker. Nonetheless it is an interesting development. The fact that Justice Thomas distributed this for conference should give at least a little hope to the applicant that SCOTUS may hear the case in general. I would think he would have just denied the application, as Justice Souter had already done, if he didn't think it possible that they would agree in conference to hear the case.

Also, the implication in the title of that article is a tad bit misleading. SCOTUS hasn't agreed to 'hear' the case within the conventional meaning of that term. They still have to decide whether or not to 'hear' the case on its merits, and that is the process they are in now - that generally happens in conference.


Edit: Of course, all of this is assuming that this case actually pertains to Obama's qualification for Presidency as is indicated in that article. There is nothing in the SCOTUS docket that indicates that and I have not read any of the original case to know for sure. It probably is what they say it is, but you can never be sure with articles on the internet.

During the presidential debates when the candidates were asked which Chief Justice they would not have selected for the Supreme Court, Obama said Justice Thomas, bet he regrets that answer now!!!

 

[Tilted]

I'm curious as to why Thomas is referring the case to conference though, since he could have just decided to grant the stay or not grant it himself. Maybe he intends them to consider the question of granting a writ of cert (i.e. deciding to review the case on its merits) at that conference also. Or maybe they just have a policy to refer 'appealed' applications to conference out of respect for the other Justice. It could also be that the refiled application includes some request to expedite consideration of a writ of cert, and Justice Thomas has effectively granted that application by distributing it for conference. Who knows?

I've found something in a guide prepared by the Public Information Office of SCOTUS that may lend some insight into why Justice Thomas referred this application to conference:

If a Justice acts alone to deny an application, a petitioner may reapply to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application. In practice, applications usually are referred to the full Court by the second Justice to avoid such a prolonged procedure.

In light of this, it seems that Justice Thomas having referred the application to conference does not have broader implications. It just means that we know when we are likely to get another decision on this application for a stay. As I said earlier, they certainly haven't agreed to 'hear' the case in general, as there doesn't even appear to be a petition requesting that before the court yet (i.e. in Donofrio's case). I suspect that Berg's petition for writ of cert has a fair chance of being scheduled for conference by the same date (December 5th) as this application anyway.

The excerpt above is from page 4 of this guide.

 

[PsyOps]

I'm still baffled that this isn't making the news... ANYWHERE!

 

[bcp]

I'm still baffled that this isn't making the news... ANYWHERE!

Im not.
an obama administration has the media running for cover.
if they write anything off color about him they will lose their right to report on anything that goes on.

I bet every news room in the country has a copy of this information sitting on the editors desk right now. Those editors want to keep their job so it will never make it to print.

YEAH freedom of speech.

 

[joedancer]

1. What's it say in the black retangle at the bottom of the form?
2. What's the certificate number?

Questions that have been asked, and answered countless times. One does wonder why this is even persisting. Here are some links to check out:
PolitiFact | Obama's birth certificate: Final chapter
snopes.com: Barack Obama Birth Certificate
FactCheck.org: Born in the U.S.A.

Do you really think that someone, anyone, could get this far in the process hiding something this huge? The fact is Obama was elected and one should reflect on the state of the country we live in, the very difficult economic times we are in, and look forward to supporting a change in our leadership. Record surplus to record deficit in eight years of the current administration. Wall street is floundering. What does your portfolio look like?

 

[wintersprings]

"Record surplus to record deficit in eight years of the current administration"

Hummm we went from Republican control of congress to a full Dem control of congress.

Interesting you point out what a Dem congress does to the deficit.

Yes, its going to get worse, they are tax and spend... thats it

 

[Lenny]

"Record surplus to record deficit in eight years of the current administration"

Your mythical 'record surplus' was dependent on ENRON staying in business and WorldCom continuing to screw the public. Once they were out of business, the Clinton 'surplus' evaporated! Read about the facts before trying to serve us the Kool-Aid

 

[Baja28]

Questions that have been asked, and answered countless times. One does wonder why this is even persisting. Here are some links to check out:
PolitiFact | Obama's birth certificate: Final chapter
snopes.com: Barack Obama Birth Certificate
FactCheck.org: Born in the U.S.A.

Do you really think that someone, anyone, could get this far in the process hiding something this huge? The fact is Obama was elected and one should reflect on the state of the country we live in, the very difficult economic times we are in, and look forward to supporting a change in our leadership. Record surplus to record deficit in eight years of the current administration. Wall street is floundering. What does your portfolio look like?

Your links prove nothing and aren't even credible. If this was nothing you really think the USSC would waste time with it? I think not.

 

[Bann]

The latest:

PETITION FOR PUBLIC RELEASE OF BARACK HUSSEIN OBAMA'S BIRTH CERTIFICATE

To: Electoral College, Congress of the United States, Federal Elections Commission, U.S. Supreme Court, President of the United States, other controlling legal authorities

Whereas, by requirement of the United States Constitution, Section 2, Article 1, no one can be sworn into office as president of the United States without being a natural born citizen;

Whereas, there is sufficient controversy within the citizenry of the United States as to whether presidential election winner Barack Obama was actually born in Hawaii as he claims;

Whereas, Barack Obama has refused repeated calls to release publicly his entire Hawaiian birth certificate, which would include the actual hospital that performed the delivery;

Whereas, lawsuits filed in several states seeking only proof of the basic minimal standard of eligibility have been rebuffed;

Whereas, Hawaii at the time of Obama's birth allowed births that took place in foreign countries to be registered in Hawaii;

Whereas, concerns that our government is not taking this constitutional question seriously will result in diminished confidence in our system of free and fair elections;

SIGN THE PETITION

Obama Birth Certificate Petition

 

[aps45819]

Do you really think that someone, anyone, could get this far in the process hiding something this huge?

I didn't think that a self proclaimed drug abuser with absolutly no executive experience who associated with orginized crime figures, terrorists and considered a radical anti-american their spiritual mentor could get past the first primary.
:shrug:

 

[This_person]

I didn't think that a self proclaimed drug abuser with absolutly no executive experience who associated with orginized crime figures, terrorists and considered a radical anti-american their spiritual mentor could get past the first primary.
:shrug:

I like very much that you've stopped holding back how you feel!

 

[ImnoMensa]

I didn't think that a self proclaimed drug abuser with absolutly no executive experience who associated with orginized crime figures, terrorists and considered a radical anti-american their spiritual mentor could get past the first primary.
:shrug:

Yes that is unbelieveable, but it happened.

Do I believe he could have gotten this far without showing his birth certificate??

Not only do I believe it but many other people do also, and since he keeps hidng it,instead of simply showing up with it in his hand I think its evident that he has gotten this far without it.

 

[Bann]

Mike in the morning (Detroit radio station WRIF) called the Kenyan Embassy and talked at great length with an ambassador. The ambassador says the birthplace of Obama is a well known place & gets a lot of visitors. If you want to only listen to that part - it's at 12:31 on the audio file.

They're a bit irreverent with the guy, but he converses with them in a very jovial way. A later call to the hotel guy is a little more mocking.

Hey, who knows if it's for real, but it sounds like they made the calls & were actually talking to Kenyans.

Hurry before it's gone -



LISTEN TO OUR CALLS TO THE KENYAN EMBASSY ABOUT BARACK OBAMA! : Mike In The Morning

 

[PsyOps]

The latest:


Obama Birth Certificate Petition

If I sign this thing and start getting a bunch of spam I'm coming after you.

 

[Bann]

If I sign this thing and start getting a bunch of spam I'm coming after you.

Nuh-uh! They have the privacy thing - it says if you check it to get the updates on this thing - they can send you stuff from WND, too. I clicked it to get the updates -and if I get too many emails or other crap, I'll unsubscribe. I haven't gotten any from them, yet.

When I signed it was at 888 names. I just checked & it's at 16,612. That's a lot of ticked off people if they spam us all!

 

[Lenny]

Not true, McCain was born in Panama (which is outside the states).

The if born in the Panama Canal zone, it was U.S. territory. If he was born outside the Panama Canal zone, he was still born to two American Citizens of adult age who had fulfilled the residency requirements extant at the time of his birth. No problem with natural born citizenship for John McCain.

 

[twinoaks207]

Mike in the morning (Detroit radio station WRIF) called the Kenyan Embassy and talked at great length with an ambassador. The ambassador says the birthplace of Obama is a well known place & gets a lot of visitors. If you want to only listen to that part - it's at 12:31 on the audio file.

They're a bit irreverent with the guy, but he converses with them in a very jovial way. A later call to the hotel guy is a little more mocking.

Hey, who knows if it's for real, but it sounds like they made the calls & were actually talking to Kenyans.

Hurry before it's gone -



LISTEN TO OUR CALLS TO THE KENYAN EMBASSY ABOUT BARACK OBAMA! : Mike In The Morning

Real interesting listening. Of course, wanting to fact check, I googled and found some information on the Kenyan Ambassador - H.E. Peter Ogego. There is an audio file of him addressing the World Affairs Council (FORAtv).
FORA.tv - Ambassador of Kenya H.E. Peter Ogego

Sounds like the same guy. Hmmmmmmm.....

 

[wintersprings]

The if born in the Panama Canal zone, it was U.S. territory. If he was born outside the Panama Canal zone, he was still born to two American Citizens of adult age who had fulfilled the residency requirements extant at the time of his birth. No problem with natural born citizenship for John McCain.

Not true.... I was born in an Overseas US Army Hospital, both parents from USA, and I had to be Naturalized at age 10.

Also I can't run for President.

Sorry but it only works if you are on US soil, which McCain was, in Panama, and I was not.

 

[Bann]

Real interesting listening. Of course, wanting to fact check, I googled and found some information on the Kenyan Ambassador - H.E. Peter Ogego. There is an audio file of him addressing the World Affairs Council (FORAtv).
FORA.tv - Ambassador of Kenya H.E. Peter Ogego

Sounds like the same guy. Hmmmmmmm.....

I Googled him, too! But didn't check out the file.

 

[PsyOps]

Not true.... I was born in an Overseas US Army Hospital, both parents from USA, and I had to be Naturalized at age 10.

Also I can't run for President.

Sorry but it only works if you are on US soil, which McCain was, in Panama, and I was not.

If either of your parents fit into one of these criteria then you are considered a US citizen if born outside the US or its territories.

According to US Code § 1401. Nationals and citizens of United States

The following shall be nationals and citizens of the United States at birth:

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person

(A) honorably serving with the Armed Forces of the United States, or​

(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;​

I would say that if BO’s mother fits into any of these categories and she never relinquished her citizenship prior to BO’s birth, this is a lost case.