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

[G W Fuktard]

There is No Legal definition for the phrase NATURAL BORN CITIZEN.

Historically, the phrase has only been applied to those who were born within the States and Territories of the USA, the issue of parental citizenship has never been legally contested.

http://www.washingtonpost.com/wp-dyn/content/article/2008/05/01/AR2008050103224_2.html

The Senate passed a resolution that recognized that John McCain was eligible to run for the Office of the President even though he was born in the Canal Zone of Panama in 1936, which was not a Territory. Since, according to a State Department manual, U.S. military installations abroad cannot be considered "part of the United States" and "A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."

http://www.law.cornell.edu/constitution/constitution.articleii.html

"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States."

[Howie]

If the Supreme Court even takes the case, we should assume that the Republican conservative appointees are doing the bidding of the rightwing ideologues who put them on the Court. If the Court prevents Obama from being inaugurated, there will be blood on the streets, and blood on the hands of those who hijacked the election and thwarted the clear will (as even McCain conceded) of the majority of the American people.

[lou]

Why dosn't Obama provide a real birth certificate? Makes me suspicious

[Paul]

This suit should be no surprise to anyone. If you remember McCain’s citizenship was challenged too, even though he was born in a US Naval Hospital.

[Morgan]

How ironic it is that an illegal alien can give birth within 5 minutes of entering the border and her child is automatically an natural-born citizen of the United States. With this wonderful gift, she can use it to get FREE everything to raise her child so he/she can grow up to run for President. The sad fact is that this "gift" is given to an "illegal" taking advantage; on the other hand, Obama's mother is a legal citizen (via generations!), and just because she gave birth OUTSIDE the borders, her American son has to prove he's a real citizen. You know what: those who have an issue with Obama are just SORE LOSERS and you ALSO use the Constitution to abuse the truth.

[Mary]

A Certificate of Live Birth (all that Obama has produced) is a document that Hawaii allows for a person to file a birth record if the parents resided in HI prior to the birth. You do not have to be born in HI to get their COLB. I've heard tell that Obama's mother went to Kenya to visit his father and was too far along to return to HI for his birth, so he was born in Kenya and then returned to HI and filed for the COLB. His paternal grandmother said she was present at his birth in Kenya. No one has seen his original Birth Certificate with the name of the hospital and the delivering doctor. His health records and college records are sealed (citizenship issue?) What kind of passport did he have when he went to Pakistan? These are very crucial questions and the answers need to come out now rather than later. It will come out - sometime - somewhere - and if he's been sworn in and he's ineligible - it will present tons of problems. He's hiding something and it needs to be proven that he's eligible to be President by being a natural-born citizen of the U.S. He needs to be forced to provide proof. He has layers of lawyers protecting him but the Constitution should still prevail' We the People demand it.

[ron r]

He won in a landslide people, we the people have spoken, but once again the media has to dramatize this. Obama and McCain couldn't be anymore american than they are. Get real, get a life and focus on more important things. Like maybe the economy dummies, theres a thought. Oh yeah, Clarence Thomas must be a Republican!

[live'n the dream]

Whatever the outcome, it's become very obvious over the past years, the continuous assault on the constitution. There are those out there, who believe it should be bent, shaped, changed to fit their needs and desires, according to these times. Our constitution has protected this great country for hundreds of years and will continue to do so, if we abide by it,as citizens of this great country!

[danno]

There was no "conspiracy effort" over John McCain's birth in Panama. Any "effort" that occurred was done tongue-in-cheek to point out the ridiculousness of these charges.

All of the people who are pushing this story, every single one of you, is delusional. You are doing nothing but embarrassing yourselves with your ignorance. This is what comes of 30 years of conservative rule in this country. A population lacking the ability to think in a rational manner.

No wonder our country is falling apart.

[Rocks411]

Some republicans just need to let go, YOU LOST. He is going to be president wheather you like it or not so suck it up.

[B. Nichols]

OK... If this is indeed the original birth certificate from the State of Hawaii, then it is an outright fraud!!

ALL government documents and certificates have revision dates printed on them. This is the last date in which the form was revised and approved for use.

If you gander to the lower left corner of this certificate, you will see (in small priint) a revision date of 11/01. But how can this be??? If Obama was born in 1961!!

The certificate does not say DUPLICATE or RE-ISSUE (which it most certainly would if it were so). Did Obama have to wait 40 years for the state to issue him a certificate of live birth?? Doubtful as is impossible.

The document itself is evidence that it is a fraud!!

Brian

[Michael McKenna]

The constitution is very clear on this point and for good reason. So that politicals could not install a foriegnor that did not believe in the constituion, but wanted empire like control. If he is not a born citizen he must not be allowed to take office, no matter how far this has gone on. The supreme court must require the release of all imfo concerning this matter, and I mean everything and or stop him from taking office

[vegasgirl]

This is Clarence Thomas' petty way of "getting back" at Obama, because said he would not have picked him to serve on the S.C. Another example of what a idiotic, egotistical POS Thomas is.

[Deb]

I have been following the Berg case since it started. The Donofrio case is new to me, but in either case all Obama had to do was present the documentation needed to silence these people. His spending thousands of dollars to fight it does not make any sense unless he is hiding something. His platform for the highest office in this country was supposidly about change. Change from lies and misinformation. If he is as pure as those who voted for him believe him to be then he needs to show the documentation and end this whole episode. We then can unite and work to get our country back on the right track. This has nothing to do with "sour grapes". This has to do with upholding our country's laws. These laws are what give us the freedoms we value and what makes this country so unique. Even with its flaws its the best place to live in the whole wide world. Why else would thousands of people flock here to live? Let Thomas and the other Justices do their job and pray that they do it well.

[noname]

this is sad! after serving our country in senate and 2 years of trying to slander in every way by the republican campign...I as a loyal american who has seen the constitution trashed under the present administration ....i say america is supposed to be a democracy!...that means the majority of people rule if i am correct in that interpretation, so therefore ...doesn't make any difference since pres. elect obama was chosen overwhelmingly by the american people(the majority of the country).. so why create more chaos with this unfairness and stupidity for another power grab by people who want to destroy america and the right of the people to chose what they want.... more example of corruption since bush appointed several to supreme courts , i believe.

[jws]

Don't much care either way, but I heard with "my own 2 ears" an interview with the US Ambassador to Kenya. He readily admitted that there is a memorial marking Obama's Birthplace in Kenya. GOOD ENOUGH FOR ME!

[Garfield]

After what the right wing nuts and Bush did to the USA....you people are totally nuts to pursue this.

For Gd's sake haven't you had enough crap with the current administration? Haven't enough military and innocent Iraqi's dies because of the stupidity of the man and his henchmen.

The right wing will go to any lengths to destroy the USA all in the name of a mythical god who apparently speaks to them on a regular basis.

[merm]

Are you people for real?
Has any of you ever gotten a copy of their birth certificate? Yeah it gets stamped for what date the copy was made and it gets notarized on the back or front for who delivered the copy to you. The state keeps the original.
Also anything about his father being a citizen of Kenya has no bearing on Obama's citizenship unless he was born outside of the US. If you are born on US soil you are a US citizen natural born, period.

[Mari]

If Obama and the Democrats new this was an issue and didn't show ALL official certificates and documents who becomes President in Jan? Why shouldn't we uphold the Constitution? And where is the unbiased news media in all this?

[Garry]

Hey Bergs case was not, I repeat was not rejected as of yet. His supplemental brief for an injunction to hold stay the election was denied but its on, this the break of dawn. Go to SCOTUS and look at the Docket.
Can reporter take five minutes and research this stuff. The media may just ignore this one right out of the ball park. It use to be that journalists went out and got a story but now they go out and get a cup of coolaid from an Obama hack. I hope you all like your coolaid now because we may not have it when Obama Pelosi, Reid, Frank, and Billlery get us all in a depression. It will be ok though they will provide bread lines.

[George Washington]

Factcheck NEVER saw the ORIGINAL birth cert. they saw the Cert of Live Birth. not LEGAL, NOT THE SAME

Bush violating the Constitution?

The DNC paid Lawyers $22 million to find ANY precident to Impeach AND THEY COULD NOT PROVE IT!!!!!!!!!

GET OVER YOURSELF, DORKS.

[charlie]

What a farce!! another worthless waste of time and space!
What this world needs is to get rid of extremists...yes both the liberal and conservative extremists is why this world is so screwed up.

[Elizabeth]

President elect Obama was born in HI not Kena.

If he had not be a "natural born" citizen he would not have
been allowed to run for president.

HE WON!!! Get over it and let the man most of us voted for do his job and help bring this country back to the right path.

[Max]

His mother was 18 when born and she had to be 19 at the time to have her child qualify for natural born, if another parent was not an American citizen.

Obama is ineligible. Period.

I hope the Supreme Court does the right thing. This guy is the biggest FRAUD in American history.

His name is Barry Soetoro.

[Wolfladyk]

So many idiots and so little time!

The issue is COMPLEX you idiots! Not everyone here but way too many! Get your facts STRAIGHT! The certificate that he published on line was FAKE...established fact. Furthermore, his SISTER's is identical to the one he has and she WAS born in Indonesia!

Add to that that he renounced his American citizenship when he was adopted by an Indonesian step-father and NO documentation exists it was ever reinstated! Not to mention that his mother WAS under 19 and his father WAS Kenyan and I have seen the documents of the paternal Grandmother stating very clearly that he WAS born in Kenya!

Why don't all of you "nutjobs" get real and realize that the Constitution is the ONLY thing that keeps Americans free and must be followed faithfully and carefully! Why don't you also ask Obama why he has worked so hard to HIDE ALL of his personal records from the public? Maybe because he attended college as a foreign national who got money from the country where he maintained his "other" citizenship? Maybe because his Mother and Father weren't really married and his DAD was Marshal Davis? Maybe a LOT of things and I have no damn idea what the truth really is...but I do know he has spent a lot of time and money trying to HIDE the truth from the American people.

So WAKE UP NUTJOBS and realize that only the truth matters...no matter how much you dislike it or find it distasteful. As for McCain, he ponied up IMMEDIATELY and proved he was legit. And I am a DEMOCRAT and NOT a REPUBLICAN. But since Obama wasn't being forthcoming OR truthful about his past and lied to us about FISA, I voted for Cynthia McKinney which also proves I am NOT a racist! Since WHEN does the truth no longer matter? Since when is the U.S. Constitution ONLY a piece of paper?

Do your homework for heaven's sake before you make stupid comments!