Supreme Court today deliberates suit blocking Obama presidency

(UPDATE: The Supreme Court had issued no statement on its discussions by the close of business Friday.)

It may come as something of a shock to those millions planning trips to Washington for the Jan. 20 inauguration of President-elect Barack Obama that he isn't really legally capable of taking the oath.

It's the birth certificate thing. And we have a tendentious video below to show the kind of claims being made that he is not a "native-born" American.

That's because he was born in Kenya to an alien father and isn't a natural-born American as the Constitution requires and the copy of his Hawaii birth certificate looks fake to many and the state won't release the original, which makes everything that much more suspicious.

This controversy has been brewing for many months online with few taking it seriously. The Ticket wrote about it last June and again in August.

We published a birth certificate provided by the Obama presidential campaign, which has caused hundreds of commenters to argue back and forth over its authenticity, especially in recent weeks.

And we'll publish it again right here.

Crackpot controversy, you say. He's been accepted as a U.S. citizen.

But here's the thing: The United States Supreme Court officially takes up the issue of whether to ponder whether Obama can become president in formal discussions today in Washington.

What? Yup! A similar case was thrown out earlier this fall, but Justice Clarence Thomas distributed the legal papers in Donofrio vs. Wells to his court colleagues for legal conference today.

Hardly anyone thinks the case has a serious chance of ...

... succeeding, given the court's distaste for hanging chads and public disfavor for its involvement in settling the Al Gore-George W. Bush presidential contest over Florida in 2000.

Similar conspiracy efforts were mounted over John McCain having been born in a U.S. naval hospital in the Panama Canal Zone, where his father was stationed. They too might well have proceeded had the Arizonan won on Nov. 4.

But just think what would happen if the court did consider blocking Obama's inauguration, with the world already having congratulated him and Obama's Cabinet half-formed, not to mention him already having resigned from the Senate. Oops.

You'll note that Sens. Joe Biden and Hillary Clinton have not yet taken that irreversible step. Just saying.

Our blogging colleague Frank James over at the Swamp has pulled together considerable material on the controversy:

The suit originally sought to stay the election, and was filed on behalf of Leo Donofrio against New Jersey Secretary of State Nina Mitchell Wells.

Legal records show it is only the tip of an iceberg of nationwide efforts seeking to derail Obama's election over accusations that he either wasn't born a U.S. citizen or that he later renounced his citizenship in Indonesia.

In one of those delicious ironies that makes life so interesting, the justice who distributed the case to his colleagues was none other than Thomas, only the second African American to sit on the high court. One presumes the justices saw some legal issue to mull.

A recent Tribune story wrote: "The most famous case questioning Obama's citizenship was filed in Pennsylvania in August on behalf of Philip J. Berg and sought to enjoin the Democratic National Committee from nominating Obama.

"The U.S. Supreme Court declined to accept the case. Earlier, a federal judge rejected it for "lack of standing" -- ruling that Berg had no legal right to sue. In cases like this, judges sometimes believe the matter is best left to political institutions, such as the Electoral College or Congress, according to legal scholar Eugene Volokh of the University of California at Los Angeles."

The remaining case with the highest profile is Donofrio vs. Wells. Because it was distributed by Justice Thomas to other justices, it gained undue importance for people unschooled in how the court works, Volokh said.

But it was. Now come the court's discussions. And presumably some decision on deciding.

James has more on this much-ignored story over here.

--Andrew Malcolm

Speaking of the Obama Cabinet and inauguration, we'll have full Ticket coverage. To get cellphone alerts on each new item, register here. RSS feeds are also available here.

Photo credit: Family via Associated Press

Comments

[Ronin]

In most cases, one is a U.S. citizen if both of the following are true:

1. Both parents were U.S. citizens at the time of the child's birth
2. At least one parent lived in the United States prior to the child's birth.

INA 301(c) and INA 301(a)(3) state, "and one of whom has had a residence." The FAM (Foreign Affairs Manual) states "no amount of time specified."

A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of his or her citizenship. He or she may also apply for a passport or a Certificate of Citizenship to have his or her citizenship recognized.

[edit] Through birth abroad to one United States citizen

For persons born on or after November 14, 1986, a person is a U.S. citizen if all of the following are true:[4]

1. One of the person's parents was a U.S. citizen when the person in question was born;
2. The citizen parent lived at least 5 years in the United States before his or her child's birth;
3. A minimum of 2 of these 5 years in the United States were after the citizen parent's 14th birthday.

Obama's mother was an American citizen before her death. -- no case.

[Steve from Somerset]

Recall back in 1992 the rumors that Bill Clinton as a young man went to Moscow where he gave up his US citizenship. This kind of lie keeps getting recycled everytime a new Democrat gets elected President.

No one doubts that Obama's mother was a US citizen. So regardless of where he was born, BO is also a US citizen.

Add to that the fact that Mr. Obama has a US passport. These aren't handed out. You have to produce documentation to qualify for a passport which becomes proof of your citizenship.

You'd think those making this lawsuit would have something more productive to do.

[NativeAlien]

And you would provide a respectable forum to add validity to the nonsense why? Oh yeah, you used to work for Laura Bush. I get it.

I was wondering if 8 years ago you suggested there might be any veracity to allegations about George W. Bush's National Guard "record?" I am thinking... ya didn't.

FactCheck.org, the State of Hawa'ii, the Chicago Tribune and countless others have debunked this tin foil hat wearing craziness, but here you go - like a good little GOP parrot -- extending credence to this lunacy.

By the way, The justices could have decided to look at the case for a number of reasons unrelated to the merits of the charge. For instance, they could be trying to decide if citizens do have the right to sue for cause, which the lower courts said they did not.

Wow. The ignorance over this is breathtaking.

[Rusty Taylor]

You are a bit late to the party. Paying attention to the facts relating to this issue is not difficult, but does take some time. I suggest you take the time to get up to speed.
Need motivation to do some research? Obama has spent close to a Million bucks defending the disclosure of ALL his pertinent documents. ASK YOURSELF WHY? Then start doing some research. Your blinders will slowly dissolve and a clear picture of massive deceit will unfold before your eyes. This fight to save the constitution and this great country is just getting started. Do you care? If you do, start being a journalist.

[Cjkallgren]

My question is why are his school records still sealed? what information is hiding there? What box was checked in responce to U.S. Citizen? Yes? No? If no then Obama never was a u.s. citizen. Could we have been hoodwinked? I am disappointed in the Media for not asking these questions. Seems they are all under some hypnotic spell.

[208-736-5057]

Give me a break. If this really did have any credibility it would have been a major issue warranting an investigation before he even made it to the democratic nomination. Why has it not been front page news? I mean is this the best you can do to stop this man from taking the oath on the 20th of January.

[Fact and Truth (not Truthiness)]

At this point it's not about getting McCain into office, that would be a very slim possibility if any. It's about the constitution. Who is eligible. McCain's citizenship was challenged in 2000 and he promptly provided more than adequate proof that he was a natural born citizen. Obama has not and is actively avoiding this issue.
Now I'm no lawyer, but according to the 1977 case U.S. v. Prudden,

"Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading," the ruling reads. "We cannot condone this shocking conduct ... If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately.""

I think this was in a district court, but SCOTUS cited it in other cases, and thus backs this theory.

[John P Arnold]

If Barack Obama is a US Citizen why not produce the original birth certificate?, I heard some one mention "because it was a private matter". I Obaman, or whoever said that serious?

Produce the dam certificate, get it over with, and let's move on and take care of the important stuff.

[TJ]

This is a horribly inaccurate piece and fails to mention that Donofrio's case is NOT about the birth certificate but rather Obama, McCain and Calero's eligibility to be on the NJ ballot. Donofrio claims all three fail to meet the "Natural Born Citizen" requirement. Please do more research and print a correction.

[AkCoyote]

Being a Constitutionalist, I may disagree with Obama's political philosophy but the people have spoken and so be it. What I do disagree with however, is the possibility that Obama may not be legally eligible to hold office. The constitution requires the president to be a natural born citizen and considering Obama's known heritage, irrefutable proof of his citizenship has yet to be provided. For everyone's sake, this needs to be settled once and for all.

[Charles]

Stupidity and racism hit a new low! If people thought we had a Constitutional crisis under Nixon, wait until they see what happens if the election is stayed. The case of Donofrio vs. Wells is a direct attack on the Constitution. If it succeeds in staying the election, even temporarily, the US desire to be viewed as a bastion of justice and fair play will be severely damaged in the world and the overwhelming majority of people who voted for Obama will be disenfranchised. Why don't the "losers" just get over it: Obama won by the second highest majority in history and is already showing the characteristics of a great leader. Let him lead!

[lisa]

They won't stay the inaguration. I'll eat my hat if they do, but I'm pretty sure they won't.

[Bill Smith]

Your "birth certificate" in the article is a "certificate of live birth" which is not an official document for proof of birth.

[Alex]

In all likelihood, the justices are not as stupid as those who believe that the suits have merit. They know very well that verified certification, which Obama has already shown is perfectly legitimate ID and will promptly dismiss these suits.

[denise]

Somebody should have been doing their job way before he could be on the ballot. Since it is a requirement why wasn't it checked out in the first place, whoever neglected to do their job should lose theirs.

[denise]

Somebody should have been doing their job way before he could be on the ballot. Since it is a requirement why wasn't it checked out in the first place, whoever neglected to do their job should lose theirs.

[David Hoffman]

Just let the truth be revealed, quit stepping on the Constitution already!!! Kudos, judge Thomas for taking this seriously!

[Nate]

"That's because he was born in Kenya to an alien father and isn't a natural-born American as the Constitution requires."

I can't believe you asserted that nonsense as fact. You won't believe a real birth certificate you have actually seen, but you're willing to believe this unsubstantiated drivel???! There is absolutely no evidence that Obama was born overseas or ever had citizenship in another country.

It is fair for you to report on the Supreme Court case, but it is disingenuous and harmful for you to spread rumors for which there is no evidence. Where is your integrity?

[Greg]

This is enough to make your head spin but here's a thought.

Who becomes president if the president-elect is disqualified or deceased after the election but before the inauguration?
Doesn't the Electoral College get to choose whoever they want?

[Dewey]

This whole birth certificate thing is the stuff of tin foil hats. With a sitting president who lied us into war and tortured people in our name, what kind of looney tune makes a stink over a legitimate, legal, copy ("prima facie evidence") of a birth certificate? Both major Honolulu newspapers carried the announcement of Obama's birth the day after he was born. To quote the Bush cultists, "You lost, get over it."

[glen]

you need to do you home work... the case today that is being discussed... has nothing to do with a Birthcertificate !!!!
Leo claims that both parents of the child has to have no allegiance to any other country for the child to be natural born....
anyone can be native born… if they are born in the US… but to be president… the constitution states that you have to be natural born
the one that wrote this underlined natural born every time he wrote natural born in his note before the constitution was finished…. and in the Constitution it says "natural"...
not native

[Tony]

Hi Andrew! This story is just a whiff of hog wash and desperation from some idle hooligans. Enough said. On now to January 20th.

[Joseph]

Not a bad review of the situation although it isn't just the 'birth certificate thing' but rather, in Donofrio's suit the fact that Obama is not a 'natural born citizen' as the Constituion requires. So, his birth certifacte may be legit but he still is not eligible. And why should this come about? Because most states are not vetting the nominated candidates for President as to eligibilty.

A small matter and not worth the fuss? Well, if we decide (or should I say if the US Suprmem Court decides) that it is much ado about nothing than the last fig leaf that we live under the rule of law and not men wil have been blown away.

Perhaps that is a good thing. Than every one of us can be morally justified (and legally) in acting outside that 'rule of law' that we so often are told is such a virtue that we invade much of the rest of the world to impart.

Frankly, I see the results of a blocking of Obama vis-a-vis a Clinton assumption of the preidency as a step downward. But if the Constitution is finally and irrevocably tossed overboard then all bets are off for this country.

[Michael Ritter]

Why does the LAT let Andrew Malcolm have a blog under its auspices?

I spent 30 minutes on the internet and was able to refute every one of these bogus accusations.

Just look at who is promoting this garbage: Alan Keyes and Clarence Thomas! What a pair of jealous losers.

Enough. Obama is working hard to attempt to repair the grievous damage wrought by Bushco. Get behind him or get out of the way.

Shame on the LAT for promulgating idiocy.

[Orion]

Here's the thing:

Obama's grandmother and other relatives back in Kenya, noe of them part of the Vast Rightwing Conspiracy as far as anyone knows, say that he was born there and his mother took him back to the states immediately after his birth to register him as a US citizen. Because his father was Kenyan and his mother hadn't lived in the US for several years beforehand US law at the time would have declared him a naturalIZED US citizen, not a "naturall-born" US citizen. His orignal birth certificate - not the "certificate of live birth" printed years later from computer records, listed above, would most likely settle the question. Obama could ask Hawaii to release that document to the media on any normal business day ending in a "y" but for whatever reason hasn't. Until he does there's going to be one court challenge after another to his eligibility to be President, right through to the day he leaves office in 2016.

(Not one of these will be by the GOP, btw. They're all sitting on their couches eating popcorn and watching the show on TV. With 300+ Million Americans there are plenty of unaffilliated busybodies to keep the pot stirred for 4-8 years.)

If The One has any sense he'll release the orginal birth certificate to SCOTUS and put the controversy behind him. That he hasn't is puzzling. Arrogance or he really does have something to hide, you be the judge.