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THE TALK SHOW AMERICAN: SCOTUS Won't Review Donofrio Case

Monday, December 08, 2008

SCOTUS Won't Review Donofrio Case

The Supreme Court has turned down an emergency appeal from Leo Donofrio who says Barack Obama is ineligible to be president because he was a British subject at birth.

The court on Monday rejected the appeal by 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," as required in the Constitution to be eligible for the presidency.

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. Berg says Obama also may be a citizen of Indonesia, where he lived as a boy.

2 comments:

Ted said...

The Supreme Court filing (application, brief etc.) in the Connecticut Wrotnowski case is soooooo much better than that in the New Jersey Donofrio case (apparently hurredly written before the Nov 4 election) that I don’t think Team Obama should get too comfortable with the Court’s denial of the first case since the second case IS distributed for Dec 12 conference. How the heck can anyone effectively counter this (great work Leo):

http://www.filesend.net/download.php?f=fb6dc015edba6d8ec689b56a06b79d0b

J.R. said...

The problem I had with the Donofrio case ws that it did not claim that Obama was born elsewhere, and in fact claimed that Obama was born in Hawaii but as a British citizen. The case also challenged McCain's status as a "natural born citizen" as well, McCain was clearly a natural born citizen under the law because he was born in Panama to both parents who were US citizens, on a military base, and at the time Panama was a US territory.

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