Conservative Politics Today

This issue just got very interesting. December 5, 2008, ten days prior to the electoral college scheduled meeting to formalize Obama’s Presidential election, the Supreme Court will hold a conference to determine whether or not they will hear the case of Obama’s citizenship. If four of the nine Justices vote to hear the case oral arguments may be scheduled.

The case, filed by Leo C. Donofrio against Nina Wells, the Secretary of State in New Jersey, was originally rejected by Justice David Souter. When re-filed with Justice Clarence Thomas it was scheduled for conference. The case questions whether or not the three candidates on the ballot in New Jersey, Barack Obama, John McCain, and Roger Calero, are qualified under the U.S. Constitution’s requirement that a president be a “natural-born citizen.”

When challenged, John McCain immediately produced a birth certificate, however, Barack Obama has consistently refused to present a true and certified copy of his.

Former Presidential contender Alan Keyes has also filed suit in California asking the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. According to World Net Daily

The governor’s office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?

Obama’s half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. There have been other allegations that Obama actually was born in Kenya during a time when his father was a British subject.

The California action was filed by Gary Kreep of the United States Justice Foundation on behalf of Keyes, the presidential candidate of the American Independent Party, along with Wiley S. Drake and Markham Robinson, both California electors.

“Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal,” the action challenges.

An Obama spokesman interviewed by WND described such lawsuits as “garbage.”

The popular vote Nov. 4 favored Obama over Sen. John McCain by several percentage points. But because of the distribution of the votes, Obama is projected to take the Electoral College vote, when it is held in December, by a 2-to-1 margin.

The California case states, “There is a reasonable and common expectation by the voters that to qualify for the ballot, the individuals running for office must meet minimum qualifications as outlined in the federal and state Constitutions and statutes, and that compliance with those minimum qualifications has been confirmed by the officials overseeing the election process,” the complaint said, when in fact the only documentation currently required is a signed statement from the candidate attesting to those qualifications.

“Since [the secretary of state] has, as its core, the mission of certifying and establishing the validity of the election process, this writ seeks a Court Order barring SOS from certifying the California Electors until documentary proof that Senator Obama is a ‘natural born’ citizen of the United States of America is received by her,” the document said.

“This proof could include items such as his original birth certificate, showing the name of the hospital and the name and the signature of the doctor, all of his passports with immigration stamps, and verification from the governments where the candidate has resided, verifying that he did not, and does not, hold citizenship of these countries, and any other documents that certify an individual’s citizenship and/or qualification for office.

The “certificate of live birth” posted by the Obama campaign cannot be viewed as authoritative, the case alleges.

“Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence,” the document said. “The only way to know where Senator Obama was actually born is to view Senator Obama’s original birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him.”

The case also raises the circumstances of Obama’s time during his youth in Indonesia, where he was listed as having Indonesian citizenship. Indonesia does not allow dual citizenship, raising the possibility of Obama’s mother having given up his U.S. citizenship.

Any subsequent U.S. citizenship then, the case claims, would be “naturalized,” not “natural-born.”

I will be very surprised if the Supreme Court decided to hear the case, but then again I never expected it to make it to conference. If the court decides not to hear it I put my money on Kennedy being the deciding factor. What do you think?