Supreme Court dumps Obama birth certificate challenge (also McCain's)

(UPDATE: Alan Keyes stoked the Obama birth certificate controversy anew in February 2009. See Ticket coverage here.)

(UPDATE: Alan Keyes stoked the Obama birth certificate controversy anew in February 2009. See Ticket coverage here.)

As predicted in The Ticket earlier today, the Supreme Court has dismissed without comment a New Jersey suit seeking to block the presidential inauguration of Barack Obama over allegations he's not a natural-born American.

Not that the ex-senator, who's named about half his Cabinet and heads for a lengthy Hawaiian vacation soon, seemed the slightest bit worried over the suit. (See news video below)

The main contentions have been that Obama's Hawaiian birth certificate is a fake because he was born in Kenya, and because Obama's father was Kenyan, which was British at the time, Obama has dual citizenship, which isn't native-born American.

The same, now defunct suit by Leo Donofrio of New Jersey charged

that John McCain is not a native-born American either so couldn't become president. (His father, a career Naval officer, was stationed in the Panama Canal Zone when McCain was born.)

Even fewer were worried over the McCain possibility, given his parents' American citizenship and the location of birth being a U.S. Navy hospital on a U.S. military base in a then-U.S. territory.

Not to mention the minor implications of the Nov. 4 voting. (And, frankly, some have doubts about the citizenship of anyone in New Jersey.)

The court's dismissal means that the minimum four justices did not deem it worthy of an actual hearing. Another suit by Philip Berg of Pennsylvania remains at the court, arguing that not only is the Hawaiian certificate fake but that because Obama attended Indonesian schools that required local citizenship, he is also Indonesian.

But it looks increasingly like it's up to the "reader comments" sections of numerous blogs, including The Ticket, to continue the argument and settle the legality of the upcoming inauguration.

--Andrew Malcolm

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Comments

[Ted]

The Supreme Court filing (application, brief etc.) in the Connecticut Wrotnowski case is soooooo much better than that in the New Jersey Donofrio case (apparently hurredly written before the Nov 4 election) that I don’t think Team Obama should get too comfortable with the Court’s denial of the first case since the second case IS distributed for Dec 12 conference. How the heck can anyone effectively counter that (great work Leo).

[windfall]

move on. let it go. it's over because there's nothing there to talk about.

[texasoil]

81% of republicans read the newspaper daily compare to 14% of democrats. shows you how uneducated the democrats are. I guess you picked the wrong party to support. HaHaHa and good bye.

[P J Evans]

There's a suit similar to Donofrio's, involving the Connecticut secretary of state.

These people are whiners: if they don't get their own way, they'll whine until someone swats them.

[Sean K]

I don't think you're going to find any more interest in the subject on this blog than there is in the court.... because it's a non-subject. I don't even know why the media bothered at all.

[DVS]

The thing that bothers me the most about people like this guy from Jersey is that at a time when we should finally be coming together as a country, these people can't let go of the election loss. It's a done deal. Man, move on. Get behind your new president and and quit pokin' that dead pup. There's important business to be done in America and Obama is already moving us in the right direction. Oh, unless he's one of those rich folk that are gonna' lose their tax breaks... then I understand where the hostility comes from... still doesn't make his argument right, though...

[Edward]

Bergs is the most promising lawsuit although many more will show up as long as he does not produce his real BC. Dont trust the Hawaii officials, they are nice with him (it's a dem state) so they will smooth him although no hawaiian hospital seems to find records about Obama's birth. He was likely born in Kenya then registered in Hawaii therefore CANNOT be president in Jan09

[Dave]

Yeha, let's not sweat the small stuff, like the constitution of the United States huh LOL.

[Captain Steve]

This issue will not be going away. Obama has been dishonest and secretive about his past. Anybody with a bit of common sense knows that online documents can be altered (as the factcheck docs appear to have been). True he has unknown docs on file in Hawaii, but he also has unknown sealed docs on file in Kenya. Why does he have sealed docs in KENYA??? I could go on an on. If he has nothing to hide, release the documents!

I WANT TO SEE HIS BIRTH CERTIFICATE AND PAST RECORDS!!

[Dr Derrick Norbert Morris]

This Attorney has wasted the time of the justices. He should be sanctioned. He does not give full faith per the US Constitution, to documents issued by another state. He should have to explain to the bar why he is so nutty!

[Tracy Jacobs]

What is the point of as supreme court if they do not enforce the costitution of the Uniited States of America. If the rules do not apply to the president of the our country then what does? This is flagrerant disrespect for the law and what this country is founded upon? What is wrong with americans if they cannot see this??? I AM AN AMERICAN CITIZEN AND I CAN PROVIDE MY BIRTH RECORDS WHY CAN"T HE???????
GOD HELP US????

[Jeff]

As P.T. Barnum said, "There's a sucker born every minute." Now we know who it was at the moment Donofrio was born.

[D Nicol]

George Washington, John Adams and Thomas Jefferson also weren't born in the United States. They were British citizens at birth. Hence Jefferson is disqualified from being President. Thus his Louisiana Purchase was illegal. Which means Louisiana, Arkansas and Missouri are not part of the United States. Therefore neither Harry Truman nor Bill Clinton were US-born. Truman signed the treaties ending World War 2, which means that is invalid and the USA is officially still at war with Germany and Japan.

Conspiracy theories are SO easy!

[AAAAANDRE]

So, we still do not have a definitive answer!???

Leaving it up to "the Blogs" is useless considering the volume of ignorance and twisted "facts" I've been reading lately.

Obama is applying for the job of President, he should supply proof of his qualifications for the job to the satisfaction of his employer, the people of the United States.

His CertifiCATION of Live Birth posted on a web site is not the "proof" it is made out to be.

We need to see his CertifiCATE of Live Birth that has the original detailed information to make that determination.

Who's job is it to check this out anyway?

[AAAAANDRE]

McCain's "Natural Born-ness" doesn't cut it either,
no matter how you twist the facts, Congress has no authority to retroactively change his status.

How did that communist guy Roger Calero born a citizen of Nicaragua, to foreign parents, on foreign soil get on so many ballots? Obviously NOBODY checks this stuff out. I can believe that no one has even asked up to now.

And who appointed "factcheck.org" as the final arbiter of citizenship issues? I don't see them mentioned anywhere in The Constitution.

Until Obama himself addresses this and provides unquestionable proof, the arguments will go on. (and on, and on...)

[Rick Vytas Macys]

Being an attorney, Obama should know the law better than most. If his birth certificate turns out to be a fake, he cannot, by law, be the next U.S. President.

[Steve Hicks]

This is a conspirasy of world wide magnatude. Obama is a Manchurean canidate who is controlled by evil forces and when he is given the word by his masters he will order that all white people and Christians be slaughtered. All he had to do is show his papers if he was really borned in Hawaii. Id an AMrican citizen dont have standing about whop is the highest office of the land OUR PRESIDENT then there is no justice!!!!

[Randor]

Hahaha... Hey TexasOil -- Those 81% of Republicans only look at the comics page since many poorly educated right-wingers can't even read. You got it backwards -- a much higher percentage of folks with degrees are Democrat.

[Evelyn R. Smith]

Obama's mother was U.S. citizen. That makes him a natural born citizen regardless of where he was born or who his father is. Here's the Law: check it out on google.com. We should bury this thing for good!

"The 1790 Congress, many of whose members had been members of the Constitutional Convention, provided in the Naturalization Act of 1790 that "And the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens."

The requirements for citizenship and the very definition thereof have changed since the Constitution was ratified in 1788. Congress first recognized the citizenship of children born to U.S. parents overseas on March 26, 1790, under the first naturalization law: "And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens." (See ref. for the Act of 1795)[2][3"

[Randor]

After reading all these comments one must conclude that the world (at least this part of it) is FULL of weirdos. Like AAAANDRE. The really scary part is -- what percentage of voters have such low intelligence??? A child born to U.S. citizen military parents at a military hospital at a U.S. military base overseas is thought not to be an American citizen? Okaaaaaaaaay.... time to go back to the 9th grade and do our U.S. Government homework again.

[Aramis Black]

D Nicol has quite possibly the worst argument I have ever heard. No $h!t they weren't born in the U.S., maybe it's because, umm I dunno, there wasn't a U.S. to be born in?!?!

[jmbo]

Why would Obama hire 3 LAW FIRMS to get these suits thrown out ? Why are you so sure that there isnt some deception going on here ? Where is your prrof..instead of bashing ordinary citizens who are concerned - show us some of your proof and i dont mean the cert of l birth that Obama put on his website. Hawaii allows that and it has been used for people born abroad !!! Show us a document with a doctor name on it and a hospital etc ......show us a selective service registration that doesnt look like its altered - according to a Secret Service agent. Show us how Obama got into Pakistan in 1981 when it was illegal for a US citizen to do so. Show us the college records and thesis that he had sealed so we wont question whether he received financial aid as a foreign student . Why did all the other candidates come forth with this information EXCEPT OBAMA :???.....In short ...SHOW US WHY you are so so certain that everything is legitiimate. If you cant then stop bashing others who do care about this country and the Constitution. !!!

[CC]

The only Native Americans are the Indians and you have them on the reservations. We finally have someone in the White House with a level of intelligence and you want to worry about this. This is why the Japanese are leading the auto industry. Americans cannot stay focused. Go save your homes from being foreclosed..........Can't we all just get along?

[Marie]

I suspect that a lot of these so-called "lawyers" filing these suits are simply running internet scams. Especially, Philip Berg. If not, it seems impossible that they could've passed the bar -- their legal understanding is simply too shaky. Given that they are all lawyers and yet file suits that don't have one iota of legal merit -- that are doomed to fail. Berg has a website requesting donations to help him with his "cause." He claims that filing these suits are expensive. But, it's clear that he's pretty much doing this on his own, and the filing fees aren't that high, so I'm guessing he lives off the extra, which could be considerable. It's actually in his own interest to file a worthless suit, because as soon as it fails he can then file another and claim to be "continuing the fight." He can milk these wingnuts until they're dry. That might be the real reason he wants to challenge Obama's every move throughout his Presidency: the money train will keep on rolling. Geez. Almost wish I'd thought of it.

[gar-314]

Steve Hicks that is the most asiinine theory I have ever heard of in my life. The truth is all you people outraged about Obama birth cerrtificate are really upset for only ONE reason. It just KILLS you to have to accept a black man ( I am sure all of u have other kinder names for him then that, yea right) as your ,OMG,president. So you look for other ways to disquallify him instead of stating the REAL reason. His OFFICIAL BIrth Certificate was revelaed and shown 100 of times. Obama is not HIDING ANYTHING. He has been investigated, reported on all aspects of his life have been shown. THERE IS NO COSNPIRACY you NUT JOBS. Just Face it no matter how much of an open book Obama is no matter what he does you will always believe he is hiding something. He is NOT a secret Muslim, he is NOT planning to kill all White People, how would that be achieved ?? Everyione working with him and for him are white HIs closest friend and adviser, David Axelrod is white, do you think he is in on it too? Obama is half white, he is going to kill half of himself?? Come on guys use some logic here, dont bother to confuse youselfs with any FACTS.