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

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Photo credit: Family via Associated Press

Comments

[Steve]

As reported earlier - what you describe and show as a "Birth Certificate" is only a "Certificatation of Live Birth". I had one of these from the Department of Commerce as I was born in the District of Columbia (not a state) and I tried to use it to obtain a US Passport. The State Department declined it as not a valid document called "Birth Certificate" Mincing of words, you say ?? Well, I was directed to go to the District of Columbia hall of records and retrieve a copy that was issued by the Hospital in which I was born (Walter Reed) and registered with the District of Columbia. This is the true "Birth Certificate" Anything else is just a piece of paper.

Why not FIOA the State Department and see what Obama used for a Birth Certificate ?? Sounds too easy - - -

[Eric E Rumsey]

This article is FULL of mistakes and lies. You are journalists, aren't you supposed to investigate something before you just go and embarrass yourself by your ignorance? This is the constitutional story of the century and you are talking about conspiracy. THIS IS NO JOKE. Isn't the constitution important to you? Because you guys I n the press BURIED this story, it hasn't gotten discussion in the public and people haven't been educated on just what the constitution says about requirements to be president. I have learned that I am not a natural born citizen according to the constitution, article II section 1, even though I always thought I was. I always thought that being born in a foreign U.S. embassy
was being born in the US, it's NOT. Being born on a US military overseas isn't either. Panama Canal Zone was NEVER a US territory and John McCain is ABSOLUTELY not eligible to be president, he was born in a FOREIGN COUNTRY. *****PERIOD*****. Why was he on the ballot?
Obama may not even be a CITIZEN. There are MANY questions. The COLB you showed IS NOT A BIRTH CERTIFICATE. Who was the doctor? What hospital? Footprint? Not to mention it is a FORGERY. This is the biggest political story since Monica and NO ONE is covering it. WHY? It's a conspiracy all right. A conspiracy by the main stream media to elect Obama and then cover up his disqualifications to be president. I would say you are worse than Pravda except this story has APPEARED in Pravda

[Stephanie]

This article is WRONG. It says he was born in Kenya but he wasn't... he was born in Hawaii.

[RHiga]

A child born of an American mother anywhere in the world is STILL an American citizen.Are we to believe that the father's place of birth matters more than the womb from which the child comes?
It seems that fear has occupied us fully.

[hubert king]

Justice Thomas is a turncoat to his people. This case is rediculous and ludicrous and bears little merit. Is Justice Thomas that hateful of his own people? If God wants Obama as president, He will be president. I am sure he saw this travesty coming

[Todd]

It's BS, dude. Get over it.

[Gary]

I saw this last week and decided to look into this. I found that the Obama Campaign did post TWO different Birth Certificates. Why would they post two different ones?

Also, why would he simply not just send his birth certificate to the court and end this thing?

And, something that just adds to the mystery. He has virtually all information of his life (except a book). For example, all school records, thesis, marriage, medical. He refuses to release any information other than the two books. Why?

Even if image you have happens to be real, it doesn't prove he is qualified. There are other issues as you've left out.

I am not a conspiracy nut, however i gives me pause when someone running/elected for President refuses to produce any document(s) about his life!

[Dan]

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

I'd have thought a paper as illustrious as the LA Times would wish to enforce comparable editorial standards on their bloggers as on their regular opinion writers. And, traditionally, the standards for the latter have been that biased arguments may be made, but that fact checking should be as rigorous as with hard news.

I guess what I mean to say is that, having read a couple of posts by Mr. Malcolm, I'm kind of surprised that the LA Times continues to publish his insane rants.

[Barton Tiffany]

I believe your comment that the Supreme Court declined to accept the Berg case is erroneous. Justice Souter declined to grant Mr. Berg's emergency request for a stay on the November 4, election, but they have not yet ruled on Mr. Berg's petition for a Writ of Certiorari. I believe that petition was filed on October 30 and the Court automatically extended Mr. Obama, the DNC and the FEC 30 days to file a response. December 1 was the deadline for the response. My understanding is, now that the deadline has passed and no response received, the Court will decide whether to schedule a conference on the issue and then whether to make a ruling. Please verify your story and post the correct information.

[Jennifer]

"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."

These comments are not correct. The Berg case is still being reviewed but has not gone to the full court.

[Michael]

The issue is does a president have to meet the requirements of the constitution, or do we set aside the constitution. Praise God for Godly men like Justice Thomas. And America Bless God!

[jason]

Turncoat to his people? God wants? What???? So you're saying God wanted every president to win? Did God will the victorious result of every election in history or just this one because you believe in it?

Hubert, you are a confused individual. This lawsuit is probably a frivolous attempt and is certainly sour grapes, but only requires an original B.C. to end the whole thing. One document ends it. But God's will? C'mon.

[Chuckie]

Justice Thomas is the best judge on the court today. He has shown repeatedly that he holds law above his personal beliefs.

To say that by executing his job he is betraying his race is to say that any person who doesn't hold race above law is a traitor. That kind of thinking does not help Black Americans and Thomas knows it.

If there is merit to the case, the SCOTUS will review it. If not they will reject it. They are, for all their faults, the best legal body in the world today.

[JanineC]

Anyone born in the early 1960s or before knows that a real Birth Certificate is not the same as a "Certification of Live Birth". Not only do they look completely different, but there is more information on the Birth Certificate and they both have very different meanings. I just wish he would come out with a copy of his original Birth Certificate and get this over with. If he doesn't have it, then we have a Constititutional crisis.

By the way, is anyone doing anything about that Indonesian passport issue? That also brings up questions that have not been answered.

[J M]

You say "That's because he was born in Kenya to an alien father and isn't a natural-born American", yet where is your proof that he was born in Kenya? If you do not accept Obama is a natural-born American based on his failure to provide proof, why do you not require such proof to make an assumption (spoken as if it is a fact) that he was born in Africa. I don't consider some picture of Obama as a young man visiting his relatives in Kenya as proof that he was born there. Perhaps Obama hasn't provided enough evidence that he is an American to satisfy your doubts, but the quickness with which you assume he was born in Kenya and is an illegitimate president-elect says more about your own personal views than about the truth of these accusations. Perhaps Obama doesn't entertain these accusations because he sees them as rediculous smokescreens being raised by people who disagree with him personally, and not just because they think the constitution is not being upheld. If he is not a natural-born citizen, then yes, it is indeed a problem, and he shouldn't become president according to our constitution - but I haven't heard any convincing evidence that he isn't from you wingnuts.

[Rob Dean]

I have been following this for a long time and just cannot understand why Obama has not provided a certified copy of his real birth certificate from the hospital where he was born in Hawaii. Simple, easy and cheap! Perhaps he likes the drama. In any event, he mentioned the original birth certificate as among his prized possessions in one of his books, so we know he has it and has recently (as of writing the book) had it in his possession. So why not provide it to the Court and the DNC? Maybe there is some reality to the rumor he was born in Kenya, his mother under age so not a US Citizen, so he is not a US Citizen by birth. Getting interesting...

[Matthew Becker]

The Danofrio case is not about whether he is a US citizen or not. It is about whether he is a Natural Born Citizen.

There is a difference between a Natural Born Citizen and a citizen. To be a natural born citizen requires that your mother and father both be US citizens. Obama's father was a British subject as a citizen of the British territory of Souteast Africa, now know as Kenya. At the time of Obama's birth he was a British subject. Obama has publically admitted this fact.

The Donofrio case does not care whether his birth certificate is valid or not. It is only focused on whether he qualifies as a natural born citizen under Article 2, Section 1 of the US constitution.

This is the reason the justices are discussing whether to hear the case or not. If they do not, then it leaves undecided whether the path to the presidency for other children of parents who are not both US citizens will be allowed in violation of Article 2, Section 1 of the US Constitution.

[jason]

Joseph, you too appear to be confused.

You could not have refuted any of the accusations in the article. First, because the article doesn't actually make any, it merely reports on some that were made. Second, because to refute them you would have to see the ACTUAL ORIGINAL birth certificate. There is no other way to prove the citizenship necessary to be president. Have you in fact seen original documents proving the birth place and citizenship of Obama? Those filed with the government? If you say yes, you're lying. If you say no, then you could not have proven the accusations to be untrue.

Here's the thing. I can walk 2 blocks to the courthouse with a reporter, get mine, and show it to the camera. Not that hard. My original is in a safe deposit box, but I wouldn't expect that of everyone. Nevertheless, it is simple to obtain the original and it has yet to be done by the candidate. He could stop this lawsuit today.

Oh, and Alan Keyes has nothing to do with this. Hi s lawsuit is in the state of CA and is irrelevant.

Interesting though how Obama's immediate family lists at least 4 different locations for his birth.

[Jamp]

Law Says your mother had to be 19 - BO says she was 18, case should be over - not eligible. This is besides the other issues.

But here he is spending over $500,000 since April '08 to wash this issue away versus $12.50 for an Original Vault copy of his Birth Certificate? he is nut's? I'll give him the $12.50. What's he got to hide? Get it over with already!

Law also says that to claim an ethnic background you have to be 12.5 % Barack is only 6% black, 50% White and the rest is Arab. - Do the math yourself. SO we voted in an Arab community organizer who isn't eligible to be the President.

WOW only in America!

Get your heads out of the gound people and wake up ! Please use that education you supposedly got and put it to use.

[Dwight Meeks]

The sad part about this article and many more is that the simple fact is the case is not just speaking of Obama's qualifications but also McCains.

Someone did not do actual research here.

1. John McCain was not born in the Panama Canal area he was born in Panama. I back that fact up with the fact the Senate passed a resolution being concerned about this. But the Senate resolution has no legal grounds as it takes an ammendment to the constitution to change the qualifications for president

2. The Donofrio case is saying nothing about the birth certificate as the cooky Berg case is. Clearly the arguments are that Obama's Father was Never a US Citizen! A natural born citizen has to have two US Citizen parents. Otherwise you are just a citizen.

So before you say this case has no chance you might need to get the details of the case.

The writer of this story shows he must have got is journalism experience at the local walmart.

[jj]

get real,people should be ashame of them selfs wasting tax payers money on none sence,we have homeless people with no where to go are anything to eat,are you worrying about that.no,but you are willing to take thousands of dollar to say where a man was born,but this is AMERICA.we waste money like that .not just that.are we in a recession,the last report stated we were.these people needs to take up another hobby like help america save money

[jason]

Hey Greg

The newspapers were proven to be forged some time ago. Look at them and study the font. Obama's name is about twice as dark as the rest of the print. Good stuff.

[yolanda]

I really wish people do their research before posting comments. The constitution states that "All persons born or naturalized in the United States and subject to the Jurisdiction thereof, are Citizens of the United States and of the State wherein they reside. . ." How is he not eligible? He was born in Hawaii, which is the 50th state. The fact that his father is from Kenya has nothing to do with him. He was born in the U.S. Get a life! Yes we have a black president. He won the election.

[YOLANDA]

Rusty,
McCain and Palin have also spent money to conceal their medical records. What's up with that?

[Helena Handbasket]

Andrew, loved all your Ron Paul coverage. This is a great breaking story but please read Donofrio's blog (hint: it's a WordPress blog about Obama being a "natural born Citizen") because he gets, shall we say, visibly concerned when folks repeat mistakes.

Here, the Tribune is wrong to say the USSC declined Berg v Obama. It is still pending although its application to stay the general election was denied. Also, the full Court found it worthy for conference, not only Justice Thomas, which is a different procedure from that being reported.

All in all, my great respect for breaking the news even though it means relying in first draft upon the false information of well-heeled squelchers who already have their ducks in a row.