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    Justice Thomas Refers Obama Birth Certificate Suit to Full Court

    Posted:
    12/4/08
    Filed Under:2008 President, Scandal
    This headline is one of those that, while entirely accurate, is much less than it sounds. The full article is at chicagotribune.com but here's the money graph:
    The remaining case with the highest profile is Donofrio vs. Wells. Because it was referred by Supreme Court Justice Clarence Thomas to other justices for conference, it gained undue importance for people unschooled in how the court works, Volokh said.

    Many petitioners seeking stays of pending events have their cases distributed to the full court, he said. Of those, Volokh found that 782 were denied in the last eight years while just 60 were heard-and not all of those ultimately were successful.

    So Clarence Thomas has the choice to deny cert or refer it to the court to judge interest. He must be completely aware of the dozens of suits around the country around the birth certificate and may be using this as a chance to ask his colleagues if they want to quell this once and for all.

    For there is virtually no chance that the USSC actually wants to look at this case for real. The best case scenario for the plaintiffs here is that Obama was born out of the country and is somehow covering it up. But even in that case, what you'll find is that the key stipulated fact is that Obama's mother is an American citizen.

    IF he was born out of country and IF some court wants to make an issue of it, then it might just simply enable the fastest constitutional amendment in American History. There is no chance the election will be overturned over it. Again, mom was a citizen.

    The only risk here for Obama is if he is covering something hinky with the BC, and in that case he probably should have laid his cards out during the primary and the administration definitely won't be off to a good start. But there's a lot of if's here. My advice to Obama opponents pushing this: 99% chance this is a dry hole, and on the 1% chance, it won't fix the election in the way you think it will, although it might be mildly entertaining. But let's focus on something that doesn't make Obama opponents look like 9/11 Truthers (of which Philip Berg, one of the plaintiffs, was).

    See also Supreme Court Not Considering Barack Obama's Birth Certificate Cast


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    Dave

    David Stacy is a network administrator from Cincinnati, OH. Dave has been blogging at nixguy.com since 2004, and AOL's political blogs since 2006. more

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