Supreme Court: No review of Obama eligibility

December 6, 2008

Generally the orders coming out of Friday conferences at the Supreme Court issue the following Monday. So, for Obama critics and dedicated Obama haters, there is still some hope that the Supreme Court might answer part of their wildest dreams. But it doesn’t look good for them.

[Saturday night update: Donofrio’s blog acknowledges the orders don’t include his case. He’s holding out for Monday. Technically, he’s right — the orders usually would issue Monday. But if Friday’s orders issued from Friday’s conference, it doesn’t speak well of the chances that an age discrimination case took precedence over a case challenging the election still in process. We won’t know for sure, until Monday.]

[Monday morning update, December 8: It’s official. Donofrio’s case was not accepted for a hearing. As the Washington Post noted, there are other pending cases, but nothing likely to be acted on soon. I’ve noted in other posts, I think it unlikely any of the cases has a signficant chance of success.]

No order issued from the Supreme Court to further discuss the appeal of the dismissal of a New Jersey lawsuit challenging Barack Obama’s eligibility to be president. Instead, the Court granted certiorari to an accused terrorist to challenge President George W. Bush’s authority (which will fall to President Barack Obama, really), and the Court granted cert and an okay for an amicus brief on a labor case (age discrimination).

(writ of certiorari: [Law Latin “to be more fully informed”] An extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review. ♦ The U.S. Supreme Court uses certiorari to review most of the cases it decides to hear.) Black’s Law Dictionary, 7th ed. (Bryan Garner, ed.)

Assuming this listing to be accurate, the shotgun arguments against Obama’s eligibility appear to be dead issues. The electoral college balloting occurs on December 15 in 50 state capitals and the District of Columbia.

Short of a mass exodus of Obama electors in states where law does not bind them to vote as they pledged to vote, Obama’s selection by the electoral college appears to be fait accompli.

The Wall Street Journal’s Law Blog noted the lack of order in the case, late yesterday.

For thousands of people addicted to the tubes of the internet, this will pose interesting problems as to what they can whine about for the next several weeks.

Previous comments on the Bathtub:

Over the front door of the U.S. Supreme Court:

Over the front door of the U.S. Supreme Court: “Equal Justice Under Law.” Wikipedia image by UpStateNYer


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