The Supreme Court today published its order denying a writ of certiorari in the case of Kerchner v. Obama. Move along. Nothing to see here.
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Nothing to see? Are you kidding?! The comments at birther websites are absolutely hysterical. There’s nothing so amusing as a bunch of old farts running their gums about how they’re going to take up arms to “restore the Republic.” It’s as if a bunch of muppets did a mash up of “Julius Caesar” and “Episode I: The Phantom Menance.” I keep waiting for them to call for protecting the life of Queen Amidala even as they prepare to take down Caesar in the senate.
Here’s a dialogue among several codgers who have entered second childishness. I pity the nurses who attend to this fools in the nursing homes to which their children have almost certainly confined them.
Eldon E. Bell, M.D. says:
It is clear that we have lost our Republic! We are no longer a Nation of Laws. Do not expect justice in any court in the land or help from any lawyer or any part of the United States legal system! The United States Supreme Court has just “Denied” the most obvious and best prepared case to challenge the illegal Executive in our White House! In my 76 + years on earth I have never been so afraid of our government and those in it as I am today. This is not the type of government servants that I fought for in two wars . .
william says:
November 29, 2010 at 12:50 pm
Eldon,We have only lost Our Republic,if we accede.There are many of us,who have not,and will not. cheers
Steve in Texas says:
When do we march on Washington ? I’m ready.
ledbythnose says:
Steve: I cant tell you how ready we are.
Godspeed.
Larry says:
Dr. Bell, you are 76 and I am 69 so that makes us “Old Warhorses” who have probably been here too long!!NEVER, Never did I ever have thoughts that I would live long enough to see the Death of my Nation . . .I am Heart-Sick, Dismayed, Disgusted and ANGRY beyond words that I lived to see the Supreme Court DISMISS the Constitution as Irrelevant and NON-Binding!! You are probably aware from reading my Rambling Posts, my feelings~~at this time, I am SPEECHLESS from such INTENSE ANGER that I apologize.God Protect you and ALL of the Patriots!!!
ledbythnose says:
Dr. Bell don’t think for one minute there aren’t a few million of us that will honor your service. The great silent majority are currently arming themselves for the onslaught.They have left us no choice but to defend Freedom on a non Civil level. As a Native Son of Texas and the Great Grandson of a Native American that walked The Trail of Tears,I give you my solemn word THIS WILL NOT STAND. They WILL feel the Eagles Sting! They called us Redskins for years and now they call us Rednecks.That’s fine with me because when they meet us in the streets, they will not like what they see.I PROMISE!
Godspeed.
live oak says:
November 29, 2010 at 2:50 pm
God bless you ledbythnose. I have doubts that this new congress will even do anything about kenya boy. They will be intimidated and threatened, paid off and back down. Soros has a tremendous amount of money, and from all that I can see, that’s what too many people care the most about. It’s up to us, and it’s always been up to us to stand up. The Supreme Cowards have sold out the country, Terry Lakin, and all of us and we don’t have a choice anymore and the next elections are too far away. It’s time. The sooner the better.
What does this mean? Will it mean a similar case can’t be brought to the Supreme Court in the future?
Just curious.
It means that if you expect a court to entertain your argument, it is highly advised that you bring evidence that supports your argument.
True revolutionaries don’t think of the revolution in third person. Confront any of them directly as to whether they personally intend to fire the first shot in this “revolution” of theirs, and find that they are all expecting somebody else to do it.
The Kerchner discussion on Free Republic disintegrated into a debate about who started the Civil War. I really couldn’t follow the logic on that, but I’m sure it did stem from one of the “original intent” notions about Vattel, English Common Law, 14th Amendment debate, or whatever.
You would think he would have gotten the message when the circuit court called Kerchner’s suit “frivolous” and he narrowly escaped having to pay President Obama’s costs.
I know the Supreme Court is a busy organization, but do they have people to go through “evidence” to check it for validity. Things like travel bans to Pakistan can be easily verified. Maybe this is a stupid question, but in cases like this, does the court have fact checkers?
We did.
No. Courts decide questions of law, not questions of fact. (Except in a bench trial.)
If a case actually gets to this point, it isn’t so much a matter of “having fact checkers”, it’s more a situation of “subpoenaing experts.”
Judges have very broad authority as ‘fact checkers’ but they do have some constraints. They are required to hear arguments pro and con for a piece of evidence and its relevance.
The rules can be puzzling because they are both straightforward *and* open-ended.
http://www.law.cornell.edu/rules/fre/
😀
If the birthers get their way the correct answer will be, ‘which one?’
Can you imagine the Revolutionary Army of Birferstan? With three dozen whackos, 47 dogs, 3 cats, and a syphilitic hamster? Col Orly leading the charge, and Sergeant Major Apuzzo in the rear making sure they all point in the right direction? World Nut Daily staff under Farah manning the birfer guns launching copies of Vattel (yes spelt incorrectly) into the fray?
‘Twould be glorious…. and really, really short.
We have a non Constitutional president . The country died today..we can thank this website for the infliction on the Constitution. This site has distorted the views of the Founders.
Michelle Obama said during her speech to the NAACP…the Founders are the ones who founded the NAACP…she said our Founders….meaning the NAACP. She used the words Whites and Blacks. She said..”intensity” should rise to get what they want.
Thomas Jefferson’s dire warning is coming true..”one race will exterminate the other”.
A mother in Kenya is telling her little girl..we can migrate to America and you can be President all we need is the support the left.
It is my belief there is a movement to drive out the original natural born citizens…the descendents of the citizens who formed the country and fought for its Independence.
This is the change.
I think you’re overestimating the dog:cat ratio – the PUMA brigade seems to be full of crazy old ladies with cats to me… (you were probably right about the syphilitic hamster, though). As for the length of the conflict – I have an image in my mind of ‘Orly’s Last Stand’ with the heroine on the battlefield, bloodied but unbowed with a birth certificate written in crayon in one hand and a list of Social Security numbers (from people with the initials ‘BO’) in the other shrilling her battle cry: “LET ME FEEEENNNIISH!!!!”
I can just see Phil Berg guiding a group of fawning old ladies as they fire a trebuchet full of tabbies; meanwhile Mario mumbles in the background, “I love the smell of tom cats in the morning. Smells like . . . smells like my living room.”
I believe you’re right; and that’s one reason why the birthers inept yammering about armed revolution is more funny than frightening.
You may be right about that, however it is best to keep in mind that every terrorist insists he is a patriot.
it would be the first time an entire army traveled in a single mini-van.
Never read The Mouse that Roared I take it?
Something that has puzzled me for years:
Just *how* has the Republic fallen now that the Court has dismissed Kerchner’s case? What rights and privileges do these people no longer enjoy? Can they no longer work at the job they wish, worship at the church of their choice, speak and think as they see fit, and spend their money at the stores they prefer? Are their lives different in ANY way?
I’m genuinely asking, because so far I’ve gotten a much bigger tax refund (thanks to the stimulus package), no longer face being denied health insurance because of a pre-existing condition, and can sue if I’m paid less than a male co-worker for the same work. What’s so horrible about that?
But But But …….IT’S A KONSTITUTIONAL KRISIS….sorry, been over at Gretawire for too long, starting to channel the zombies..8-)
Newsmax’s LeBoutillier Goes Birther
Topic: Newsmax
Newsmax’s John LeBoutillier popped up on “Fox & Friends” this morning to promote his new book, “The Obama Identity,” which he’s presenting as fact cloaked in fiction. It appears, however to be fiction cloaked in fiction: LeBoutillier repeated the utterly discredited claim that “Obama’s grandmother, living in Kenya, we have her in the book, it’s fiction, but in reality she has claimed consistently that he was born in Mombasa, Kenya. She said this, adamantly, on the record.”
Lest we forget what a conspiracy-mongering nutjob LeBoutillier is, we’ve compiled a short history of his Clinton-hating over at Media Matters. Remember the Counter Clinton Library? That was him.
LeBoutillier’s co-author for his book, by the way, is Ed Klein, best known for a hatchet job of a bio on Hillary Clinton that Newsmax gamely tried to defend.
http://conwebwatch.tripod.com/blog/
Stop being rational and give in to nameless fear and inchoate anger. Then it will all make sense!
Look at the crap that the infamous Bob Campbell of the American Grand Jury of Traitors wrote…
Dan.. you pissing in the wind here.
I am not the bad guy. I spent a lifetime almost fighting Obama through the AGJ approach. It didn’t work. Didn’t your momma teach you that doing the same thing over and over again expecting a different outcome is fruitless.
AGJ is about exposing the truth now. That’s what this blog is all about. I am not active anymore in the Grand Jury business. I don’t have the time or the desire to go that route. The Grand Jury presentments are well documented and can be used as a tool anytime someone wants to expose the truth to someone else.
I am looking for different ways to beat Obama now. I believe you will never get Obama out of office under the current corrupt system of government. They will protect him till the cows come home because it means their power and jobs are on the line if they do. Look at the Judiciary, Legislature and Military. They have had ample chance to expose Obama — NOT A SINGLE COWARD CAME FORWARD except people like Fitzpatrick, Lakin, Berg, Orly, Apuzzo, Kerchner.. all the same protagonists.
We need a new emphasis on taking back our government.. either a revolution (war and guns) or a change of guard. We did a good job in the last election of getting rid of some of the communists in office. We can do better in the next election.
That is all I am saying. If you are looking to blame me for what AGJ did not accomplish then have at it. Doesn’t phase me. My mind is on the next election and changing my lifestyle, business and actions so that I can deal with what I think is the coming new depression. If we don’t change government the economy will do it for us. We cannot survive as a Nation being $Trillions in debt.
I will make a prediction. The Supreme Court won’t do a damn thing with Apuzzo’s case. I think the fix is in.
I hope I am wrong and if I am — IF the Supreme Court does allow the Writ to move forward against Obama I will eat my hat and get back to the business of conducting Grand Juries because at that point I will have confidence in the 3rd Branch of Government. Until that happens I believe any Court action, including our Presentments is a waste of time and money.
God, I hope I am wrong but I have this 6th sense about me — and that I got a strange letter from a person who claims to Clerk for Judge Thomas. He said the fix was in and Monday would be an announcement that the Apuzzo case is denied.
Often with these types of letters they are liberals just trying to jerk my chain. We will see. Monday is just around the corner.
I am not against you brother — just trying to say, we need a new direction —
For those that say I don’t love the Constitution they can kiss my ass. It is the only legal document which I happen to have faith in. The rest of our man-made laws are all window dressing to protect government and the rotten lawyers that run it.
One thing is for sure, THINGS ARE GOING TO GET EXCITING. America isn’t going down without a fight. You can take that to the bank.
Regards,
Bob
http://americangrandjury.org/holding-sarah-palin-to-her-promise/comment-page-1#comment-51834
Enjoy prison, Bob.
The SCOTUS rejected the case with zero discussion, the Birthers never explain how the SCOTUS could possibly have discussed this one case out of over 250 to 300 or so others they rejected that day. If there were a 250 cases and each got 5 mins it would take 1250 minutes, or 20 HOURS just to get through a reading of the summaries.
It was assigned a number on a list cases to ignore.
I just gave this case more time and attention then the SCOTUS did.
If you disagree provide some fact and math to the contrary.
If I really had time to waste, I would leave a message there as Ali ben Ali of, say, Algeria, to celebrate the victory of my Muslim bro Obama and tell them their women will soon be ours. Alluh Akbar or whatever. I feel tempted, but I really don’t have the time to deal with all the hate mail likely to follow.
More nonsense from Dr. Kate….
As we stand on the eve of one of the most important moments in our Nation’s history, I want to thank you for your courage, commitment, and honor in standing up for the Constitution for the United States of America.
You both have put the safety and security of our Nation above any interest of self, fortune, or career… something I have felt and feel personally. I humbly acknowledge the gift you are giving our Nation…a courage so profound that the only other place it is seen is on the battlefield.
History will write of this time that there were those who stood– unabashedly and with great intellect, fundamental knowledge of our foundation and roots as Americans, and courage–against the tyranny of the usurpation of the White House by a foreign agent aided by enemies within. Your names will be among those who are the true Constitutional heroes.
Standing on Constitutional grounds, you have laid bare the deception, and carved a way to correct it and move forward. Just the way our Founders intended.
And we, the undersigned, pledge that we have your backs no matter what happens…at this grave hour, tirelessly we too will defend our Constitution against all enemies, foreign and domestic, so help me God.
Thank you, Sirs
http://drkatesview.files.wordpress.com/2010/10/lakin.jpg
And in the comments more humor….
“Ted
November 28, 2010 at 3:03 pm
Dr. Kate:
Dittos; I would propose that Attorney Appuzzo’s law office and Commander Kerchner’s residence be enshrined as national historic sites (and I’m NOT kidding) — perhaps Atty Appuzzo’s physical computer (with its contents removed) can be enshrined in the Smithsoneon.
Depending on what comes, I would not doubt there’d be some movement for these occurrences — events are THAT important to our history.
Ted”
The court-martial of LTC Lakin is scheduled to convene on December 14, 2010. The defendant in this case, Colonel Terry Lakin has been recognized by the web site http://www.theconservativemonster.com as its 2010 “Man of the Year.”
Colonel Lakin, a decorated and highly-regarded U.S. Army physician with multiple prior overseas deployments, has been charged with dereliction of duty for his refusal to accept deployment orders until his request for verification of the legitimacy of those orders has been provided in connection with the resolution of the issues surrounding the eligibility of the de facto commander-in-chief.
While Colonel Lakin is, in my opinion, highly deserving of this recognition, it must be remembered that, in addition to the pending Lakin court-martial, there are now three eligibility-related cases which have reached the U.S. Supreme Court, seeking acceptance for a decision by that court by means of a legal procedure known as a “petition for a writ of certiorari.” The plaintiff in each of these three cases is a present or former U.S. military officer, as follows:
1) Kerchner et al v. Obama et al, CDR Charles Kerchner USNR (ret) plaintiff, Mario Apuzzo Esq., counsel (http://puzo1.blogspot.com );
2) Rhodes v. McDonald, CPT Connie Rhodes USA (MD, U.S. Army) plaintiff, Dr. Orly Taitz, counsel (http://www.orlytaitzesq.com);
3) Hollister et al v. Barry Soetoro aka Barack Obama et al, Col. Gregory Hollister USAF (ret) plaintiff, John D. Hemenway Esq., counsel (http://obamareleaseyourrecords.blogspot.com/2010/11/col-gregory-hollisters-obama.html).
In addition to these cases, the case Barnett, Keyes et al v. Obama et al (CPT Pamela Barnett, USA (ret) and Alan Keyes, plaintiffs, Dr. Orly Taitz counsel) is on appeal to the United States Court of Appeals for the Ninth Circuit; and the case Taitz v. Obama is active on a motion for reconsideration of a previous denial of a motion for a “quo warranto” proceeding in the United States District Court for the District of Columbia, seeking a demonstration of eligibility justifying the authority of the office of president claimed by Barack Obama.
Finally, let us not overlook the important case of LCDR Walter Fitzpatrick, a retired naval officer and graduate of the U.S. Naval Academy. LCDR Fitzpatrick, son of a World War II naval officer, became aware of the serious and unaddressed concerns which had been raised about the eligibility of the newly-inaugurated president. Because of the circumstances surrounding the 2008 presidential election and inauguration, LCDR Fitzpatrick believed that one or more criminal acts had taken place in connection with this election, and that an ineligible person had usurped the office of president of the United States. LCDR Fitzpatrick recognized that he had a right under the U.S. Constitution to present such a criminal complaint to his local grand jury, and attempted to do so, charging Obama with treason.
http://www.thepostemail.com/2010/11/28/ltc-lakin-named-man-of-the-year/
The responses show how much of a dupe Lakin is or how is case is viewed…
J. Hanson says:
Monday, November 29, 2010 at 8:28 PM
Today went as was expected for those who know how to think. Don’t waste time on blaming Sotomayor and Kagan. It still took 4 justices to vote for cert regardless of what those two fools did. The vote was 0-9 on paper but the clerks handled this one.
Now on to Lakin. My sources say he is desperately seeking a deal but the military wants to exact a pound of flesh^2. You will learn the true nature of your “man of the year”soon enough.
C Bunratty says:
Monday, November 29, 2010 at 1:03 PM
LTC Lakin’s defense attorneys posted this on their website a while back:
“LTC Lakin Trial Update
The Law Firm of Puckett & Faraj, PC, is preparing the defense of LTC Lakin for trial currently scheduled for December 14, 2010 at Fort Meade, MD. LTC Lakin is being charged with missing movement, disobeying orders to report to a new unit, disobeying orders to report to his brigade commander and dereliction of duty.
His previous civilian attorney complicated his case and is partially responsible for two of these charges by advising LTC Lakin to refuse to report to his superior officer. The defense team is now working to minimize the damage caused by this inappropriate legal advice and return LTC Lakin to his family quickly and with his medical career intact.
The trial is expected to last 2 days at Fort Meade beginning on December 14, 2010.”
It’s clear that they have no intention of raising the eligibility issue at the court-martial.
http://www.puckettfaraj.com/2010/11/ltc-lakin-trial-update/
Incidentally, attorney Faraj retired after 22 years in the Marine Corps, where he received the Wheeler Award for outstanding infantry leadership, the Meritorious Service Medal, the Navy-Marine Corps Commendation Medal, and the Combat Action Ribbon along with numerous other awards and honors.
Doubtful says:
Sunday, November 28, 2010 at 10:50 PM
Mrs. Rondeau replies: Or how much do his new attorneys understand in that all they have to do is demand proof…
__
So what are you saying? Is it Lakin’s decision or is it his attorneys’?
It seems to me that if Lakin himself is looking for the best deal, he may figure that it’s in his best interests not to demand proof, but rather to act very contrite, throw Jensen under the bus, and get the best deal he can.
If that is his decision, which side are we on? Do we want him to go for the deal or do we want him to fight on, even if it means the real possibility of a stiffer punishment?
—————
Mrs. Rondeau replies: We want his attorneys to DEMAND proof that Obama is eligible, and when he cannot do so, Lakin will be exonerated and the nation will be out from under the yoke of this impostor!
“I will make a prediction. The Supreme Court won’t do a damn thing with Apuzzo’s case. I think the fix is in.”
++++
Gee, we have been saying the same thing…it has nothing to do with a “fix” and everything to do with the fact that we know the law, and how the courts work…not to mention the birther track record.
———
“Until that happens I believe any Court action, including our Presentments is a waste of time and money.”
++++
We could have told him that 2 years ago….oh wait, we did.
_______
“God, I hope I am wrong but I have this 6th sense about me — and that I got a strange letter from a person who claims to Clerk for Judge Thomas. He said the fix was in and Monday would be an announcement that the Apuzzo case is denied.”
+++
Does it take much of a 6th sense to predict what everyone in the reality based world has been saying for 2 years now? And year…I really believe him that he got a letter from a Thomas clerk….how stupid do you have to be to buy this B.S.? Does he really believe the garbage he spews?
Because that approach had been so successful for Lakin thus far???? I’m amazed at how every birther is not only an expert in Constitutional law, but also the UCMJ.
Jo, it is hilarious. Not only do these numbnuts think they know more about the law than real attorneys, they want Lakin to sacrifice himself for the cause. They want him to go down with the ship. Never mind that his attorneys have moved beyond the birth certificate issue and are attempting to mitigate his punishment, they ignore that and hope to continue to fire up the birther paypal button….
The award for sedition goes to the idiotic Dr. kate…
drkate
November 29, 2010 at 12:35 pm
Yes, the Republic is gone. We are going to have to take matters into our own hands.
live oak
November 29, 2010 at 2:01 pm
It’s going to take a revolution with guns. The sooner the better. I’d rather be dead than live like this.
usapatriots-shout
November 29, 2010 at 1:28 pm
Well, well, well. Now America, we know where we stand. America is now a fascist/socialist country under no rule of law as we knew it when once we had Supreme Court who believed and PROTECTED THE CONSTITUTION OF THE UNITED STATES. They make up the laws as they go along to suit what is momentarily expedient.
As I have suspected the past few months when I began to realize the nine honorables were cowardly dishonorables, American citizens have no safe harbor. We are up a creek–screwed, blued and tatooed. The government’s protection of this criminal and all the other criminals complicit in this and the hundreds of crimes they have conspired to commit against America is total and complete. “Oh, sinner man, where ya gonna run to!”
The entire Supreme Court, Congress, and government in general needs to be terminated and new replacements with honor found. It will probably never happen in my life time–but this is what needs to be done.
Reply
22 no-nonsense-nancy
November 29, 2010 at 1:38 pm
OK folks, no more letters or faxes to ANYONE!! No one is going to listen, they haven’t up until now. We can’t trust anyone but ourselves. We need to organize a big revolt before Obama is able to shut us down. We have to protect Terry and Walter above all else. The country is big and winter is coming on but our founding fathers struggled to give us this country and we need to keep it no matter what. If financially you can’t make to DC then go out and find 5 people who can. But we need PEOPLE!!! Lots of people!! And very soon!! And don’t allow anyone the excuse that they are not a “birther”. We are all Americans, that is all that matters. So LET’S GO!!!
STOP THEM COLD!!!
ARREST THE CRIMINALS BECAUSE THEY ALL ARE!!!
http://drkatesview.wordpress.com/2010/11/29/supreme-court-cowards/#comment-15515
My favorite fictional story of the week…
Troy
November 29, 2010 at 4:13 pm
From the comments thread here: http://newsflavor.com/opinions/white-house-insider-the-media-elected-obama-not-the-american-people/#ixzz16iCwKw1O
++++++++++++++++++++++++++++++++++++++++++++++++++++
Anonymous
Posted November 29, 2010 at 4:46 pm
My lengthy comment was just destroyed by Internet Explorer so I’ll try again…
The first time I heard Barry’s many, many names was in 1970, iirc, from Timothy Geithner, himself. Tim and his sister Audie came to Decatur, IL with their mother to visit the home of her aunt and uncle on the lake to escape the oppressive heat of Indonesia. Audie Geithner attended the same school as Barry and knew Barry as a playmate on the school playground. Barry had undertaken strict Muslim studies in proper attire which took portions of every day precluding his attendance on the playground.
Tim seemed to have quite alot of information about Barry, regaling his sister with the pronunciation of Barry’s many, many names and informing her that, perhaps, Barry would not be returning to school in the fall if his mother’s plans to relocate him to HI to attend school and live with family came to fruition. Of course, Audie was disappointed by this news. The two children discussed why their father had resisted allowing them to visit the U.S. mainland for several weeks with their mother. It seems Geithner, Sr. told his wife that he didn’t want anything to go wrong with their plans and worried that something might happen which would jeopardize his plans, to which his wife reassured him her visit would do nothing to cause them problems. The two children opined as to exactly what plans their father spoke of and why their visit should present potential problems to their parents, particularly their father.
Until, Mrs. Geithner began loudly yelling at her children to STOP speaking about ‘you know who’ and marched them into their hosts’ home, continuing to loudly berate them for speaking of things which they were forbidden to speak of and asking over and over again why they had chosen to speak of the forbidden subject when they knew how important it was that they not talk about certain things, I hadn’t found their conversation that riveting.
In 1971, iirc, Barry came to Decatur, IL to visit an adult married male, his wife and two daughters who just happened to employ a school friend of mine as their daughters’ babysitter. Before Barry’s visit, Terry, the adult male spoke about Barry’s many attributes to my school friend building him up in her mind. Imagine how disappointed she became as his age changed from 16 years old to 13 to about 10 years old just before she met him. Although Barry was quite likeable, had a great smile and was a cute kid, he had a strange way of automatically announcing that he wanted to be president of the country someday even though he wasn’t born in this country. Later, he needed a birth certificate and Terry asked my friend how someone could get a SS# without a bc. She asked him why Barry didn’t have a bc, adn Terry said he didn’t know why, but Barry just didn’t have one. My friend consulted her older sister who was part of the war protest/doper/SDS crowd and someone came up with the information that Barry could get a SS# in CT without a bc, and even offered to allow him to use their mailing address or help out in any way needed now or in the future.
Imagine my chagrin to learn that Barack Hussein Obama (name missing many names given by Tim Geithner) was allowed to slip through the vetting process without raising flags in the press, our Congress or intel agencies. As I like to finish my recitation now, I ask how can it be in 2010 that someone can be allowed to become the leader of the free world when he cannot produce a long form birth certificate or any supporting documents to prove his past origins or personal history? And, how coincidental that Tim Geithner and his father had knowledge of Barry as SAD’s son during her days at the Ford Foundation in Indonesia, but Tim wasn’t willing to explain his link to Barry? I can only state for the record that I didn’t betray my government; my government betrayed me.
http://drkatesview.wordpress.com/2010/11/29/supreme-court-cowards/#comment-15515
you may want to book your revolution 6-8weeks in advance to take maximum advantage of super-saver fares.
Judging by the massive horde which turned out for the ‘Usurpathon’, I’m sure they can turn out millions… er, no, I mean thousands… um, how about tens?… well, they can probably get several ones of people to go and paralyze DC… They might succeed in paralyzing DC with laughter if they can make everyone aware of what they’re doing…
With some helpful information from Dwight Sullivan at CAAFlog and findlaw.com, I’ve put together some information on Supreme Court procedures which will help us to predict beyond a shadow of a doubt what will happen with birther petitions in the future.
A petition for a writ of certiorari is handled differently than a petition for an emergency stay. As we saw in the stay petitions filed by Berg, Taitz, etc., such a petition is sent to the Supreme Court justice who is assigned to the District where the original matter was filed. If that justice rejects the petition, it can be refiled with another justice of the petitioner’s choosing. This can be done until it has been submitted to all nine justices, so to save time the second justice typically will refer the petition to a conference, regardless of whether that justice believes there is any merit to the petition.
A different procedure is involved with a writ of ceritorari. A properly filed cert petition is automatically put on the docket without any consideration of its merits. So when the birthers get excited when they learn that a cert petition has been docketed, they are getting worked up over nothing. Once the petition is docketed, the respondent is given an opportunity to file a response. More often than not, no response is filed. Sometimes the respondent files a waiver of its right to respond and sometimes it just lets the time for a response to expire. Failing to respond or waiving the right to respond sends a message that the respondent believes that the cert petition has no merit.
Whether or not there is a response, the cert petition then is reviewed by a SCOTUS clerk, who writes a memo regarding the worthiness of the petition and makes a recommendation. The clerk’s memo is then distributed to the nine justices. If any one of the justices feels that the petition should be considered, it gets placed on the “discuss list” unless there has been no response. If a justice wants a case to be put on the discuss list and there has been no response, a clerk will be instructed to call for a response from the respondent. Once the response is received, the case will be put on the discuss list and the nine justices will take it up in conference. Getting a case on the discuss list is no guarantee that cert will be granted, but if it isn’t put on the discuss list it is “dead filed,” which means that cert will be denied without comment.
Thus, the key to understanding whether a cert petition has even a chance of being granted is to look at the docket and see if a response was filed or called for. If there is no response and no response was called for, it means that the petition was “dead filed” and cert will be denied. Even though the docket will say that the case has been distributed for conference, that doesn’t necessarily mean that the justices are actually going to discuss it. The only cases which get discussed during the conference are the ones which make it to the discuss list.
This explains why Dwight Sullivan was able to predict with absolute certainty that Mario’s petition was being denied. There was no response and none of the justices called for a response, so the case was dead filed and destined for denial without comment.
Looking ahead, Orly’s case was docketed on October 25 and the deadline for a response was November 24. That date has come and gone, so there will be no response unless SCOTUS calls for one. Assuming that it gets distributed for conference without a call for a response, we will know immediately that it has been dead filed and is being denied.
The Hollister case was docketed on November 22 and the deadline for a response is December 23. The likelihood is that DOJ will waive its right to respond. If SCOTUS does not then call for a response, we will know for certain that cert will be denied.
It’s worth noting that this points out the utter nonsense which Mario is spewing about Kagan and Sotamayor not recusing themselves. The fact that no response was called for means that none of the nine justices saw any merit to his case.
They just might convince the waitress at Shoney’s to push two four tops together.
And if they’re really lucky, she might agree to let them order “Freedom Toast.”
(Separate checks, of course. No socialists allowed.)
Too many birther idiots believe made up crap like that.
BTW, Troy is an unrepentant pedophile, serial child killer and meth dealer. Because I said so and it’s now on the internet so it must be true.
Oh I see the lameness that is lame cherry is posting over there with more paranoid conspiracy fantasies. Yes Fox news was seriously in the tank for Obama, Murdoch’s whole media empire voted for Obama, uh huh this suit is NOT black
Whoever dreamed up that piece of fiction didn’t do enough research. Timothy Geithner has a sister, but her name is Sarah, not Audie.
http://laffsociety.org/blog/?p=613
O.K., so it wasn’t Troy but Anonymous. Of course, lying birthers would never admit a mistake. Kudos to Bob Ross for calling them out.
If I recall correctly, Justice Alito does not currently participate in the clerk pool for the cert review. Therefore, his clerk may be providing a seperate summary of some type. I am on a mobile device so I cannot check very easily at this point.
That’s quite possible. In the Rehnquist court, Justice Stevens did not participate in the clerk pool.
At American Grand Jury, the mood of the posters vis a vis the Supreme Court has reached a new level of conspiratorial anger:
“aprilnovember811 says:
November 29, 2010 at 4:32 pm
I used to think, I guess naively that the Supreme Court was above reproach. Now we know different. The Supreme Court is arrogant, and think they are above the people, I hope that Karma catches up with them also. This is an unconscionable thing they have done. May God seek vengeance on them.
If there is an attack on this country, may it be on Washington, DC and wipe out the entire bunch.
*
live oak says:
November 29, 2010 at 4:57 pm
LOL!!! Yes indeed…and if Roberts survives, he can go to club gitmo and take his chances
with black market Cuban dilantin.”
So now we’ve got birthers calling on God to bring a terrorist attack that would destroy Washington D.C. and Supreme Court . . . and then laughing about it. Oh, but they LOVE that Constitution.
This would make a great plot for an airport thrilled. Too bad life isn’t really like this.
Actually, I think you’ll find that the Supreme Court of the United States is rather in agreement with Dr C on whether someone born in the US to a foreign parent is a natural born US citizen. Wong Kim Ark is pretty clear authority that natural born status in the US is firmly rooted in the English tradition. (If you disagree, then you might want to start campaigning for all official acts of Chester A. Arthur to be declared null and void.)
By the way, it would be most unconstitutional for the federal courts to have gone to the main claims in Kerchner given that standing is necessary for the plaintiff to present an actual “case or controversy” falling within the jurisdiction of the federal courts.
I can’t prove that there isn’t a strange Kenyan woman saying something to that effect, but I can say with some confidence that a woman in your described scenario is rather mistaken. Unless the child was born a US citizen, that child is clearly not natural born. Obama, meanwhile, was born in Hawaii and has been a US citizen for his entire life. He has spent all but about three or four years of his life as a resident of the United States.
To be fair, I do favour getting rid of the requirement that a President be natural born. If Congress proposed and the states ratified an amendment to give effect to my views, then I suppose a child born overseas without US citizenship could well aspire to the Presidency of the United States. However, whether Arnold Schwarzenegger got elected after such an amendment would still be determined by the voters, who could well hold foreign birth against a naturalised citizen.
As to the support of the left, I think that you would find people familiar with the politics of other industrialised democracies describe the Democratic Party of the United States as centrist or even centre-right.
Simply believing some piece of nonsense does not make it so.
Ahhhh, I’d missed that one of e.vattel’s blathers
“It is my belief there is a movement to drive out the original natural born citizens…the descendents of the citizens who formed the country and fought for its Independence.
”
So, the goal post is now edging towards only those people whose ANCESTORS in a direct unbroken lineal descent were and are special NBC’s and get to be real NBC’s.
That should be fun and it gets rid of all those nasty darkie usurpers, people whose names are funny or end in a vowel, all Hispanics/Asians/Others etc.
That also begs the question of whether people like me, who are descended on one side from pre-Revolutionary settlers and late 19th century immigrants on the other, would be eligible. e. vattel’s argument would seem to hold that even though my paternal ancestors have been in American for 260 years, both my parents were American-born, and I myself was born on American soil in a hospital where my great-grandfather practiced medicine, I wouldn’t be eligible for the Presidency because my mother’s family emigrated from Germany in the 1870s.
USURPER ! ! 😉
> e. vattel’s argument would seem to hold that even though my paternal ancestors have been in American for 260 years, both my parents were American-born, and I myself was born on American soil in a hospital where my great-grandfather practiced medicine, I wouldn’t be eligible for the Presidency because my mother’s family emigrated from Germany in the 1870s.
But you are obviously causasian, right? So birthers would not question your NBC status. 😉
But if you were black, Asian, Hispanic, …, they would find a reason why you are not an NBC, even if you were born in Washington to two US citizen parents. Probably they would find some opinions from 1790 that the District of Columbia was not really a state or that you cannot be natural-born if your midwife lied about her age.
would this include ALL of thomas jefferson’s descendants ???
Thought this one would raise a few posts….>8-)
But, but, but you guys claimed it wasn’t about race!
Now, my ancestors date back to the revolution, but my wife’s were ensured citizenship by the 14th Amendment. I guess our child’s eligibility is based on whether he/
she looks like me or my wife.
Now, Crispus Atticus was black and blacks fought in the Revolutionary war. Are they the true natural born citizens who fought for our independence, or the race that’s going to destroy us poor white folks.
Birthers, they’re not all racists, but they’re the number one legal theory AMONG racists!
Obama descends from 14 different Revolutionary War Soldiers. Does that make him “American” enough for these people?
They are Philip Ament, David Bowles, James Browning, John Miles Duvall, Samuel Goodnight, James Hickman, Elijah Holloway, Thomas Martin, John Overall, Moses Teague, David Toot, James Wellborn, John Conrad Wolfley…
Is that American enough for these people?
(Channelling birfoon ON)
BUT HE”S GOT A FUNNY NAME AND HE’S A SEEKRIT MOOSLEM COMMIE/NAZI/SOCILAIST/PINKO/LIBERAL COMING TO TAKE OUR GUUNS AND KILL THE CONSTTUTION.
(Channelling birfoon OFF)
As someone whose immigrant ancestors were all here prior to the Revolution I hereby grant special dispensation so that anyone who was born here, no matter their parentage (excepting ambassadors & invading armies), is hereby NBC. So there!
From WND, Putzy has the quote of the year…However look at the WND spin in the title of the article…
Supremes punt on Obama eligibility again
NIce…..
And Putzy’s quote:
“I don’t think the court helped heal the country,” said Mario Apuzzo, the New Jersey attorney who argued the case on behalf of retired Navy CDR Charles Kerchner. “We still don’t know Mr. Obama’s status. … The court is supposed to take cases that are important, and I can’t imagine a case more important than this one.”
“”This decision did not help Mr. Obama,” Apuzzo added. “It did not bring legitimacy to his office. Mr. Obama does not have legitimacy of office by the court or by the consensus of the nation, because many people question whether he is a natural born citizen. How does our nation go forward with this kind of result?”
http://www.wnd.com/index.php?fa=PAGE.view&pageId=234433
Other parts of the WND article of interest….
“Kerchner v. Obama argued that Mr. Obama is not a “natural born citizen,” which article II, section 1 of the constitution requires any U.S. president to be. According to Swiss political theorist Emer de Vattel, whose writings heavily influenced the founding fathers, an American “natural born citizen” must be the child of two parents who were both American citizens. Mr. Obama’s father was a British subject, a Kenyan student living temporarily in the United States.
“A person gains allegiance and loyalty and therefore attachment for a nation from either being born on the soil of the community defining that nation or from being born to parents who were also born on that same soil or who naturalized as though they were born on that soil,” Apuzzo explained to CNN. “It is only by combining at birth in the child both means to inherit these two sources of citizenship that the child by nature and therefore also by law is born with only one allegiance and loyalty to and consequently attachment for only the United States.”
“If they wanted to they could have taken this up,” Apuzzo told WND. He surmised the court decided, “I don’t want to rock the boat too much because that will make it worse, let me be nice and things will go away.”
“None of this is moot. If he runs again in 2012, people will want to know” [whether Mr. Obama is a legitimate president], said Apuzzo. “The issue is not going away. … You’re going to have a lot of states that are going to be on this, they will want to see that birth certificate.”
Like previous cases challenging Obama’s eligibility, Kerchner v. Obama foundered in lower courts on the question of “standing.” Mr. Obama’s attorneys have avoided addressing the merits of an eligibility case. Instead, they have repeatedly succeeded in persuading courts to dismiss cases because the plaintiffs lacked standing to sue because they could not prove they were directly harmed by Mr. Obama’s occupation of the Oval Office.
Another case currently before the Ninth Circuit Court of Appeals, however, Barnett v. Obama, may not be stopped by the standing problem, according to United States Justice Foundation Executive Director Gary Kreep. Kreep, author of the Western Center for Journalism amicus curiae brief cited above by the Supreme Court, represents two plaintiffs in the Barnett case.”
Wow I run into a new uninformed kook everyday on that site. Right now it’s Anna who makes many specious claims like you need an original long form to get into the military Obama isn’t covered by hippa, etc
As has now happened to Orly:
No. 10-541
Title:
Orly Taitz, Petitioner
v.
Thomas D. MacDonald, et al.
Docketed:October 25, 2010
Lower Ct:United States Court of Appeals for the Eleventh Circuit
Case Nos.:(09-15418)
Decision Date:March 15, 2010
Rehearing Denied:May 14, 2010
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Aug 12 2010
Petition for a writ of certiorari filed. (Response due November 24, 2010)
Nov 24 2010
Waiver of right of respondents Thomas D. MacDonald, et al. to respond filed.
Unless one of the justices calls for a response (highly unlikely), the petition will officially be “distributed for conference” but in fact it will be “dead filed.” The formal denial will be issued the Monday after the conference date.
“You know darn well that you can debate me all you want right here and in the great Dr. Conspiracy’s blog. My blog policies never stopped you or other Obots from trashing me. So do not come off like I am depriving you of your great chance to prove to the world how wrong I am.”
– Mario Apuzzo the great coward defending the censorship policies of his blog
http://www.caaflog.com/2010/11/28/this-week-in-military-justice-28-november-2010-edition/#comments
May it please the court.
Ladies and gentlemen, Mario is admitting to being a douche bag. You know darn well.