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

[Aaron]

It is amazing how much misinformation is being spread and I assume that is what Obama wants. We are bickering about whether or not he was born in Kenya or Hawaii. What it really means to be a natural born citizen while he hides all the true information away and maintains is books are the truth.
Journalists you need to do some investigation. A Certification of Live Birth would not be accepted by the US Department of State as evidence of US citizenship. You can look that up on your own but I promise you it is on their website. He submitted a short form birth certificate which really is meaningless, things can be changed on there. That Man that had a baby changed his from a female to male. What else can be changed?
What is he hiding? I hate conspiracy theories but I think we deserve to know for certain that the man elected last month meets the Constitutional requirements to hold the most powerful office in the world.

[Fernando F]

no problem... change the constitution. New amend: "If somebody seems to walk on water and can help the US from going down to the bottom of the ocean, he/she will be consider AMERICAN CITIZEN" automatically.

[Select. Frm]

OK.
Isn't his mom and grandparents (Caucasians) 100% US citizens? Or that wouldn't matter the same way he has been categorized as 'black' usually without any reference to his mom side? People, Obama is not only black and in the same regard is not may as well have double nationality. The importance is he has made the ultimate decision to serve this country and only this one (USA).

[Daniel Shoop]

Barack Obama will produce his original valid birth certificate as soon as John Kerry produces his original valid form 180.

[Rhymes With Right]

The best solution?

Take the case, require the original birth certificate be produced in court within 72 hours, then rule that Obama is a natural born citizen.

And why Thomas? How about because of wanting to see that the Constitutional requirement of natural born citizenship is actually followed while making it clear that our first African-American president unambiguously was qualified to hold that office.

[Thedujol]

To the person who wrote "thomas is a turn coat to his own people". What people are you refering to, the American people, or the African American people. I wonder how the situation would read if the roles were reversed and white people were saying that type of racist nonesense. The trust is that someone is lying, and that is the underlining problem. As of his race, did you see how many white, hispanic, and other races were cheering his win? I did and I dropped a tear of happiness for the concept of unity in America, and not just black unity. Oh, and the person who said "if god wants him to be president then he will be president" the concept of church and state are to be seperate, keep your fake higher power crap to your self. I voted for Obama, and I will stand by him, but only if he comes clean and igmits to any wrong doing. We have to many shinanigans going on in our political circles. Our government is failing us, and this is just one more nail in the coffin of Liberty.

[John Shirley]

I'm quite shocked the LA TImes printed the following without apparently doing any fact checking--the way it's put suggests that it's factual:

"That's because he [Obama] 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."

But he wasn't born in Kenya and even the guy behind the lawsuit the Supreme Court may (probably won't) consider NOW concedes he was born in Hawaii! No he just thinks that since he had dual citizenship till he was 21 he wasn't a 'natural born citizen'. Nonsense of course. But the "born in Kenya" thing in the LA Times...shame on you. You're supposed to be a fact based organization.

[gee]

I'm not a lawyer but I think I'm smart to know this case is frivilous. Heather, Kenyans were NEVER considered citizens of Britain. Kenya does not allow dual citizenship, hence Obama cannot be a dual citizen...

[John Shirley]

I'm quite shocked the LA TImes printed the following without apparently doing any fact checking--the way it's put suggests that it's factual:

"That's because he [Obama] 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."

But he wasn't born in Kenya and even the guy behind the lawsuit the Supreme Court may (probably won't) consider NOW concedes he was born in Hawaii! No he just thinks that since he had dual citizenship till he was 21 he wasn't a 'natural born citizen'. Nonsense of course. But the "born in Kenya" thing in the LA Times...shame on you. You're supposed to be a fact based organization.

[Patrick]

Will the REAL Baraq Obama please stand up?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

[Joseph]

Obama please release your Original Birth Certificate ASAP!

[Danielle]

Geez, sore losers really are bad at losing. Let it go already. Here's a theory to chew on: The people who question his US citizenship, fear he's a terrorist in an African-American suit or believe he's an "Arab" (who cares if he was) are actually pissed off that a half black man won the presidency, and they are racist. But in the 21st century, and in the United States, being prejudice against blacks isn't the "socially acceptable" thing to do anymore, so they have all these other excuses...just like my own father.
For those few Americans who are in fact prejudice; if you cannot accept blacks as equal human beings to whites, you're free to find another country of residence; we don't want racist citizens anymore. This is a new generation.....thank God.
Hope everyone else has a great weekend! :)

Texas Independent

[dave]

Hawaii says it's genuine. Why won't you wingnuts just get over the fact that he won?

[Leah]

No reasonable person continues to let this kind of controversy build and hires three law firms to fight diclosure of a document if there is nothing to hide.

Do you think the DNC lawyers would be fighting disclosure if there wasn't a problem?

Does anybody remember what the definition of "is" is? I

[Kerry]

The highest profile remaining case is that of Alan Keyes (also a black man, since this blog's author thinks race is of any special irony or consequence in the matter). Keyes was a presidential candidate and has standing. Also, the Berg case remains before the Supreme Court. The court simply did not choose to stay the election as he had requested (the stay as referred to by the author was misattributed). Quite frankly, if those in authority in this country will not enforce our own Constitution, we should be the laughinstock of the world. This matter is of critical importance.

[GoBigO]

SHOW ME the source for your assertion that Obama's grandmother in Kenya said he was born there. SHOW ME the citation. Second-hand "evidence" is only hearsay, not admissable in court.

SHOW ME the evidence that a natural born US citizen has to have two parents who are U.S. citizens.

You are deluded and wasting everyone's time if you cannot prove your claims. Simply stating them is not PROOF.

[Nate]

I'm not sure why I'm bothering to reply to this post since the author clearly has no concern for the truth.

First off, there is ample evidence that Obama was born in Hawaii. Claims that his birth certificate was forged have no merit.

Second, if here were (hypothetically) born in Kenya, that does not necessarily mean that he would not be considered a natural-born U.S. citizen. Actually, for conventional purposes he would be considered a citizen at birth because by virtue of his mother's citizenship. Whether this counts for the presidency is not really specified in the law and would have to be ruled on by the US Supreme Court, I expect.

[geoxzi]

I am simply resigned to the fact that once again a double standard is being applied to a Democrat.

Dick Cheney was not constitutionally allowed to be Vice President becuase he lived in Texas as did Bush and the constitution prohibits both the President and Vice president from coming from the same state.

This was obvious and it was pointed out. In response Cheney simply changed his residence after the fact to claim Wyoming where he had a vacation home he rarely visited.

The constitution was simply ignored and no one did a thing.

[Jim Macklin]

His grandmother and other relatives in Kenya have stated they were in the delivery room when he was born. They also have stated that he was taken to Hawaii several days after his birth.
I guess the Constitution is to be ignored when it is inconvenient.

I do hope that the issue is settled. Perhaps if the masses want a black President, the Electoral College can select Bill Cosby.

[Niner]

LA Times moderator will not allow the urls of the videos of his grandmother stating he was born in the village and he is a native of this village. Oh, and also how she remembers him being born.

[Love My USA]

Is there a way to check BO mother passport to see where she was when he was born? If he is a citizen why did he tell the Gov. of Hawaii to keep his birth certificate under lock and key? How did he go to school in Indonesia. if he as an American Citizen? Didn't his mother 2nd husband adopt him? These are questions that the MEDIA SHOULD HAVE AND SHOULD BE ASKING OF BO. Why not?? We the American citizen and taxpayers would like to know and the Media and the Gov. should be investigating and give us the American taxpayers the facts NOW!........

[Jody]

I really enjoyed reading this article. I think it was really well written! Thank you!!

The truth is coming on Monday at 10:00 there will be an announcement to shake the world. For, then the Supreme Court will announce that Barack H Obama is not qualified to be President under the Constitution of the United States of America, for he is not a natural born citizen.

That is why we are reading this story now, the very day the Court is discussing the case. The media is finally touching this story a little, they know how it will turn out

Shame on the media for not properly vetting the candidate Obama. Shame on the DNC for misleading the American people, for it is the DNC who brings to the states the sworn document stating their candidate is qualified.

Shame on Obama and his co-conspirators for posting fraudulent documents. It is a dark day in America. The light of truth is coming out, however, in the form of the truth coming out in the Supreme Court! This is the way I see it.

[Walker Hanson]

The argument "The people have spoken, get over it" holds absolutely no water. 20th Amendment - "...If a President shall not have been chosen before the time fixed for the beginning of his term, or if the PRESIDENT ELECT shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified." This EXPLICITLY states that even if "the people have spoken," an unqualified candidate CANNOT hold the office of President. In fact, it states that SCOTUS actually has until January 20 to decide the case.

[Scotti]

There's nothing suspicious about the birth certificate! It looks yours or mine anybody else's! The state has already ratified it. Witnesses have already verified it which is there job to do, not ours. This whole story is rediculess. You can't go back in time and verify it, that's why we have documentation, which is what that certificate is! It's a document, it's a contract, it's notarized, it's verified and ratified. Enough already! If the supreme court overturns this election 2 years after it's started and after the vote is done, there will be riots and it will be mayhem, the US will crumble. We simply cannot have a 25th hour supreme court decision for viscious people who want to steal elections and overturn the people's vote.

[Jose]

I am amazed by the amount of people that are surprised by this article. This situation started in August 2008. For those who keep arguing about the issue: the Certification of Live Birth posted on the internet is NOT a birth certificate. There is an allegation that he was born in Kenya. Hawaii officials confirmed that they have Obama’s vault certificate however, they have not mentioned the place of birth inscribed on the REAL birth certificate. You can get a Certification of Live Birth fm Hawaii even if you were born in a foreign country. The legal requirements to become a U.S. citizen are not the same as to become the Pres of the U.S. (according to the US Constitution). The new media asked to see Sarah Palin’s {PRIVATE] health records but they will not ask for Obama’s vault birth certificate. Even a fifth grader should understand all these issues. Now repeat after me, a Certification of Live Birth is not a BIRTH CERTIFICATE, a Certification of Live Birth is not a BIRTH CERTIFICATE, a Certification of Live Birth is not a BIRTH CERTIFICATE…