This is why I hate people...
Today, the United States Supreme Court scheduled the case - Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey - US Supreme Court Docket No. 08A407 - for a conference of the nine Justices. The conference is a completely private affair and the public may not attend. If four of the nine Justices vote to hear the case in full, oral argument may be scheduled. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College.
The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the “national election” pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.
Leo Donofrio brought his case from a lower New Jersey court to the NJ Supreme Court - was denied - and then he filed an emergency stay application in the United States Supreme Court on Nov. 3, 2008, before the Honorable Associate Justice David Souter. Justice Souter denied the emergency stay application on Nov. 6.
Leo Donofrio renewed the application, as per Supreme Court Rule 22.4, to the Honorable Associate Justice Clarence Thomas by way of Express mail on Nov. 14. The application arrived at the Supreme Court on Nov. 17 and was submitted directly to Justice Thomas.
On Nov. 19, the case was docketed for full conference of all nine Justices and scheduled for December 5, 2008.
I thought this was bs until I looked up the docket number on the supreme court's website... it's slated for Dec. 5th...
This is why we can't have nice things.
Original Post by dnrothx:
Original Post by santonacci:
Original Post by nomoreexcuses:
so much for that coup!
good catch santo :D
Meh - how much of a geek am I that I have a link to the COTUS in my Favorites folder?
Not much of one.
CBO or GAO would be a different story.
i have a copy of it hidden in my belongings, just in case something bad happens and i end up with the only copy and have to start civilization anew
drat, why did i admit to that in public?
i am going to make a terrible fugitive if something bad happens
Original Post by nomoreexcuses
If they find in favor of the plaintiff, then the election wasn't valid and the current administration will have to stay in office longer, until a new election can take place. It will be just like other places we've spread democracy to. :)
God, I KNEW they would try something like this! >:(We keep focusing on his father... the fact is his mother was a U.S. citizen. So... he qualifies as a natural born US citizen no matter where in the world he was born. Also, he was born on US soil. So again that qualifies him as a natural born US citizen no matter what the status of either or both of his parents.
This is text book stuff taught in any college American Government class. The Constitution does not talk about dual citizenship, and there is no precedent or legislation either way. ..... So, no matter which way the court rules, it does not effect this election and Barack Obama remains President.
Why will it not apply? Because the Constitution specifically prohibits the creation of ex post factor laws. What this means is that a law cannot be made specifically to effect events that have already happened. Such a law or change in law can only apply to events happen after the date of the decision.
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