The Associated Press is reporting that SCOTUS will not review the Donofrio case.
WASHINGTON – The Supreme Court has turned down an emergency appeal from a New Jersey man who says President-elect Barack Obama is ineligible to be president because he was a British subject at birth.
The court did not comment on its order Monday rejecting the call by Leo Donofrio of East Brunswick, N.J., to intervene in the presidential election. Donofrio says that since Obama had dual nationality at birth — his mother was American and his Kenyan father at the time was a British subject — he cannot possibly be a “natural born citizen,” one of the requirements the Constitution lists for eligibility to be president.
Donofrio also contends that two other candidates, Republican John McCain and Socialist Workers candidate Roger Calero, also are not natural-born citizens and thus ineligible to be president.
At least one other appeal over Obama’s citizenship remains at the court. Philip J. Berg of Lafayette Hill, Pa., argues that Obama was born in Kenya, not Hawaii as Obama says and the Hawaii secretary of state has confirmed. Berg says Obama also may be a citizen of Indonesia, where he lived as a boy. Federal courts in Pennsylvania have dismissed Berg’s lawsuit.
The SCOTUS docket has not been updated but will be shortly. The Order’s List is here with the denial. RE: the Berg vs Obama case, someone named Bill Anderson would like to get in on the case. See that docket here…
I have posted on the Berg vs. Obama case challenging the U.S. citizenship of Barack Obama. I am not posting on this because I have special knowledge of or belief in the assumptions of the case. I am more interested in how this narrative has become a parallel universe to the daily transition to an Obama administration and the ongoing economic problems of the nation.
There are several of these cases meandering their way through various courts. Here is one which has gotten to the conference stage (Donofrio vs Wells).
Title: Leo C. Donofrio, Applicant
Nina Mitchell Wells, New Jersey Secretary of State
Lower Ct: Supreme Court of New Jersey
Case Nos.: (AM-0153-08T2 at the New Jersey Appellate Division without a docket number)
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~
Nov 3 2008 Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter.
Nov 6 2008 Application (08A407) denied by Justice Souter.
Nov 14 2008 Application (08A407) refiled and submitted to Justice Thomas.
Nov 19 2008 DISTRIBUTED for Conference of December 5, 2008.
~~Name~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Leo C. Donofrio P.O. Box 93
East Brunswick, NJ 08816
Party name: Leo C. Donofrio
Donofrio also asked Justice Souter for a stay of the election and simultaneously in the same application (08A407) for a writ of certiorari in his challenge made in New Jersey. Souter dismissed both the stay and the writ petition. Donofrio exercised his right to petition another Justice and in this case petitioned Justice Thomas on November 14. Yesterday, the petition was distributed to the other Justices for a conference on December 5. It is important to remember that the conference will be devoted to whether to grant review of the case. As with Berg, I will be surprised if SCOTUS grants review.