Today is D-day for anti-Obama birth certificate cases in Supreme Court

On Friday, loyal Ticket readers will recall, we reported that Supreme Court justices were discussing discussing the cases challenging Barack Obama's right to assume the presidency next month due to allegations surrounding his citizenship and birth.

Generally, the issues focus on professed doubts that the 47-year-old Democrat wasn't really born in Hawaii, despite his birth certificate from the state, and/or that the fact his father was a Kenyan and a British subject makes Obama a dual citizen -- meaning he is not a "native born" American, as required by the Constitution. Under U.S. law, people born in the U.S. are citizens.

Despite the Obama opponents' obvious passion, which has been burning for many months often under the political radar, few legal observers believe that the required four justices will vote to hear arguments on the cases. Only a small number of the 150 requests received each week are granted arguments.

A decision is likely to come today, possibly a simple rejection without comment or explanation. (See video below.)

One sign a rejection is likely is the Court apparently did not feel the issue important enough to ask the other side for comment.

Opponents of Obama still plan protests at the court today and a Washington news conference.

Another reason, as noted by The Times' David Savage, is that: "The justices also review rulings made by lower courts, usually when there is a disagreement about the law. In [these Obama] cases, lower courts dismissed the lawsuits without handing down major rulings." Thus, there is no legal ruling to be overturned by the Supreme Court.

Similar cases in 2000, charging that George W. Bush and Dick Cheney were both residents of Texas, which violates a prohibition in the Constitution's 12th Amendment, were thrown out because the courts said litigants had no legal standing.

-- Andrew Malcolm

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Photo credits: Associated Press

Comments

[sweetwater]

It will be small comfort when the SCOTUS rejects this case, I expect the Radical Right to raise a commotion and protest.

Because these people are driven by self-interest and prejudice, they are blind to the damage they are doing to the Republican party, a party already sorely wounded by sex scandals, congressional corruption, the nastiness of their campaign tactics and the divisiveness, religious zeal and racism of the right wing faction. If the Republican party is to survive, it must turn away from this radical faction, dump them, and rebuild its image based on the issues and trust. 21st century America has no sympathy, empathy or tolerance for the racist attitude and religious extremism of the conserative right.

[Alex01]

Why don't you just show your birth certificate, Mr. Obama? Why are you spending hundreds of thousands of dollars to hide it? Why did you run if you know there is that serious of a problem?

If there IS no problem with your eligibility, just show us the birth certificate, with no further ado.

If you ARE shown to be ineligible, you will be expected to tell your followers that YOU are totally responsible, and tell them to remain calm, and support whomever takes your place.

[MICHAEL]

If Hussein didn't have something to hide he would have released his BIRTH CERTIFICATE (not a Certificate of Live Birth which has been posted all over the Internet and is obviously a computer generated document), his college transcripts and his medical records a lonnnnnnnnnnnng time ago.

[misstickly]

Obama knew he is not a NATURAL BORN citizen when the primaries began. He lied, then STOLE the money from US to run, yuck.

[Michael Pelletier]

My son was born in Russia, and if I wanted to spend the time and money, I could get a New Hampshire birth certificate for him, as a resident of New Hampshire.

It may be worth doing, so that 35 years from now some slow-witted journalist could write about others' professed doubts that my son was born in the US despite his birth certificate from New Hampshire.

For the journalists reading this, my point is: having a birth certificate in Hawaii doesn't mean you were BORN in Hawaii.

[Jerry Abbott]

The US Supreme Court IS A COURT. They CAN take original jurisdiction if they want to. I think it is presumptuous for an editorialist to tell us what the Justices are going to do.

[Kelly]

The case ought to be heard only so it can be laid to rest. I hated all the foolish 9-11 conspiracies, I hate the thought of having to listen to this for the next four years.

[Karen]

Can someone please tell me where I can see "his birth certificate from the state" referred to by the writer? I have seen multiple internet copies of the COLB but I have yet to see a birth certificate like the one I have to show when seeking employment or my children's birth certificates I have needed to produce before my children can play in youth sports leagues or attend school. Our birth certificates have detailed information about where we were born, the doctor who did the delivery, the occupation and religion of the parents, the weight and length of the baby, etc.

[John]

Come on guys just get over it NOW...

[john larson]

obama was born in Kenya...his grandmother is on video saying she was present at his birth in Kenya...the ambassador from Kenya is on tape saying his birthplace in Kenya is well known by everyone there

[Max]

What a lame conference with Obama, in front of "the Office of President Elect" - THERE IS NO SUCH OFFICE.

But then again, the Constitution means nothing to these crooks.

[Mary E.]

EVEN IF OBAMA WAS BORN IN KENYA, HE WOULD STILL BE A U.S. CITIZEN ACCORDING TO U.S. LAW.

Check out the U.S. Dept. of State website:

http://travel.state.gov/law/info/info_609.html

It states: "Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child."

According to this, Obama is a U.S. citizen even if he was born in Kenya,since his mother resided in the U.S. prior to his birth for at least ten years . END OF STORY!!! I believe the Supreme Court will toss these frivolous lawsuits and hopefully end this controversy once and for all.

[OSweet]

You guys pusillanimously dismiss the idea of Obama having been born abroad as a crazy conspiracy theory - and I don't blame you, because if you permitted it just the slightest, merest, objective consideration here you'd be absolutely excoriated.

Me, I think it's plausible Obama was born in Kenya, as his grandmother and other relatives have said.

But if he was indeed born in Kenya, I oppose action to disqualify him at this late date on this, for it'd disastrous for the country.
And meantime we should amend the constitution to do away with the obsolete and unnecessary native-born rule.

(There's also an issue with Obama's having attended public school in Indonesia, after evidently being semi-adopted by his stepfather, and necessarily taking Indonesian citizenship...)

[denise]

Since when is the constitution of the united states not important enough to look at?

[JP]

The reluctance of Obama to produce an unforged long-form type birth certificate despite growing pressure is a clear sign that he has something to hide and was likely born in Africa

[michael d]

Uhm. Yes his mother was from the US and it is a huge deal if he was born oversees. Even if someone is given citizenship at birth, that person is not declared a natural born citizen if it is outside the US. This is also why John McCain would not qualify as president since he was born in a US military base in panama. This is a huge deal. If can't prove his natural citizenship than Arnold will run in 2012......

[RF]

Left or Right, shouldn't we know this stuff about our President elect? What are we doing?

1. Occidental College records - Not released
2. Columbia College records - Not released
3. Columbia Thesis paper - Not available
4. Harvard College records - Not released
5. Selective Service Registration - Not released
6. Medical records - Not released
7. Illinois State Senate schedule - ‘not available‘
8. Law practice client list - Not released
9. Certified Copy of original "vault" Birth Certificate - Not released
10. Birth Hospital name and address - Not released
11. Attending birth delivery physician - Not released
11. Harvard Law Review articles published - None
12. University of Chicago scholarly articles - None
13. Illinois State Senate records - Not available
14. Copy of US passport - Not released

[None]

WND also has reported an associate at a Chicago law firm whose partner served on a finance committee for Obama has advocated simply abandoning the U.S. Constitution's requirement that a president be a "natural-born" citizen.

The paper was written in 2006 by Sarah Herlihy, just two years after Obama had won a landslide election in Illinois to the U.S. Senate. Herlihy is listed as an associate at the Chicago firm of Kirkland & Ellis. A partner in the same firm, Bruce I. Ettelson, cites his membership on the finance committees for both Obama and Sen. Richard Durbin on the corporate website.

The issue of Obama's own eligibility is the subject of nearly two dozen court cases in recent weeks, including at least two that have gone to the U.S. Supreme Court.

Herlihy's published paper reveals that the requirement likely was considered in a negative light by organizations linked to Obama in the months before he announced in 2007 his candidacy for the presidency.

"The natural born citizen requirement in Article II of the United States Constitution has been called the 'stupidest provision' in the Constitution, 'undecidedly un-American,' 'blatantly discriminatory,' and the 'Constitution's worst provision,'" Herlihy begins in her introduction to the paper titled, "Amending the Natural Born Citizen Requirement: Globalization as the Impetus and the Obstacle."

The article by Herlihy is available online under law review articles from Kent University.

http://www.worldnetdaily.com//index.php?fa=PAGE.view&pageId=83364

[none]

If anyone cares anymore - it is underway to convene a Constitutional Convention to remove "Natural Born" as a requirement. Oh yeah, while the Dems are at it, they plan to change some other stuff too.

[Morgan Bucks]

Who wants a president that will not tell where he was born?????????????????????????????????

[huntergirl]

It's amazing to me that democrats are upset with republicans, claiming the republicans are kicking up this ruckus because Obummer won. I have to think, Okay, that's pretty stupid." Fine, he won. Big deal. What IS a big deal is the guy is hiding something, if he wasn't, he'd bring out his BC and say, "Here you are. Here's the proof". HE'S LYING...AGAIN! if you don't care where the mulatto came from, then allow the rest of us to ask him to show us his BC! That's ALL WE ARE ASKING FOR! I know I have had to show my BC for various reasons and I'm not even running for president! Geez, get a brain people...what's he hiding? SHOW THE BC AND WE'LL MOVE ON.

[John Adams]

The post from above (copied below) incorrectly made the leap that Obama's mother, if Obama was born overseas in a foreign country would still be able to transfer "natural born" status to Obama. Mary, the poster, cites the law incorrectly here is the operative part, "For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child." The law says that Obama's Mama would have had to reside in the US for 5 years past her 14th birthday. Obama Mama missed that by several months i.e. she was 18 when she had Obama, so if Obama were born overseas he would not qualify as a "natural born" citizen. But again, we can only make that determination when Obama pays the $10.00 and produces a copy of his birth certificate that shows the name of the hospital, doctors and witnesses to allow the information to be verified.

"EVEN IF OBAMA WAS BORN IN KENYA, HE WOULD STILL BE A U.S. CITIZEN ACCORDING TO U.S. LAW.

Check out the U.S. Dept. of State website:

http://travel.state.gov/law/info/info_609.html

It states: "Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child."

According to this, Obama is a U.S. citizen even if he was born in Kenya,since his mother resided in the U.S. prior to his birth for at least ten years . END OF STORY!!! I believe the Supreme Court will toss these frivolous lawsuits and hopefully end this controversy once and for all.

Posted by: Mary E. | December 08, 2008 at 07:50 AM

[John Adams]

Excuse me Sweetwater, this issue was raised by Hillary Clinton supporters before the primaries. Go back prior to the primaries and look at the Clinton blogs which were filled with this. Mr. Berg, the attorney that filed the first law suit is a life long democrat and Hillary supporter.

This crisis is to be laid squarely at the feet of Obama and the DNC for their failure to answer this question fully and openly BEFORE THE ELECTION. We now have the prospect of an ineligible President elect and a national crisis.

The first step in unwinding this mess if for Obama to stop hiding his original birth certificate. It is easily obtainable by him by filling out a form and sending a check for $10.00 to the State of Hawaii. The State of Hawaii has announced they are holding it, we know they are holding it and Obama's obstinate refusal to release it before the election is what is driving this. The original birth certificate will have the facts of the name of the hospital, the doctors, the witnesses, all information that can be verified. The short form COLB that Obama produced is worthless.

So back up a step and put the blame where it belongs Obama and the DNC.

[Madd Mother]

No Paper No job.
And he wants to move in the White House early to get the kids in school and settled.
What a joke!
We need to stop this crazyness now.
He Has No Vault Certificate it is really that simple.
Just go away.
How dare we allow this to continue a day longer.
The judges may not be replaced so they do not care....can that also be the reason? HELP!

[richCares]

"The reluctance of Obama to produce an unforged long-form type birth certificate despite growing pressure is a clear sign that he has something to hide and was likely born in Africa"

Your statement is a clear sign you are an idiot!
for your garbage to be true the Republican Governor of Hawaii a strong supporter of McCain has to in on the cover up as well as the Republican Head of Health, Gen Jones, Gen Shinseki, Powell, Condi even McCain has to be in on the cover up. Even Bush is aiding Obama's transition. Don’t forhet the Supreme Court has to in on it too, they keep throwing out those stupid case.

Obama has supplied his proof to the proper authorities, was elected and will be sworn in on Jan 20, you “born in Kenya” idiots should leave the country, we have a lot of work to do so you anti-American idiots need to keep out of our way

No wonder those So African inheritance scams work, with idiots like you they can keep on scamming people like you

Sad Story for the dummies, the Wortnowski, like the Donofrio case has been denied, how many more need to be denied for you to end your ignorance