Supreme Court will give obama eligibility case another look

Supreme Court will possibly ask "where's the birth certificate" on March 4.

The U.S. Supreme Court has scheduled another "conference" on a legal challenge to Barack Obama's eligibility to occupy the Oval Office, but officials there are not answering questions about whether two justices given their jobs by Obama will participate.

The court has confirmed that it has distributed a petition for rehearing in the case brought by attorney John Hemenway on behalf of retired Col. Gregory Hollister and it will be the subject of a conference on March 4.

In January the court denied, without comment, a request for a hearing on the arguments but the attorney at the time had submitted a motion for Justices Sonia Sotomayor and Elena Kagan, who were given their jobs by Obama, to recuse.

The Supreme Court acknowledged the "motion for recusal" but it changed it on official docketing pages to a "request" and it reportedly failed to respond to the motion.

Attorney Hemenway:

"We have not exaggerated in presenting the question of the constitutional rule of law being at stake in this matter," Hemenway wrote in a petition for rehearing before the high court. "A man has successfully run for the office of president and has done so, it appears, with an awareness that he is not eligible under the constitutional requirement for a person to be president.

"Despite a vigorous campaign that he has conducted to make 'unthinkable' the very idea of raising the issue of his eligibility under the Constitution to 'be' president the issue has not gone away,".

"Instead it has steadily grown in the awareness of the public. Should we be surprised that he shows no respect for the constitutional rule of law? What else would we expect?"

"The real question here is one of getting members of the judiciary to take seriously the oath that they swore to protect and preserve the Constitution," Hemenway wrote in his petition for rehearing. "To continue to avoid the issue will destroy the constitutional rule of law basis of our legal system when it is under vigorous assault as surely as if the conscious decision were made to cease preserving and protecting our founding charter."

Hemenway's arguments came in the petition for rehearing that followed the decision last month by the court not to hear the arguments. However, he pointed out in the petition for rehearing that the U.S. Supreme Court appears to have broken its own rules in his case by failing to respond to a pending recusal motion.

That circumstance is enough, he argues, for another hearing to be held on the case, and this time without participation by the two justices appointed to the court by Obama.

"Rule 21 (4) of the court requires that any motion shall have an opposition to it filed, if one is to be filed, 'as promptly as possible considering the nature of the relief sought … and, in any event, within 10 days of receipt.' Thus by January 14, 2011, when petitioners' petition was denied without comment, the respondents had failed to respond to the motion," Hemenway wrote.

"Therefore, as a matter of due process of the court, petitioners suggest that the court should have on that day considered the possibility that the motion had been conceded by respondents with an examination of the consequences of that failure," the brief explains.

"If petitioners are entitled to have their motion for recusal as conceded because of lack of a timely opposition, as petitioners contend is the case, then the court was obliged to make sure that the Justices Sotomayor and Kagan did not participate in the decision. Yet there was no statement that they did not participate," the brief states.

The brief further argues that because of the lack of a response or acknowledgment by the court, the court should have considered "the law of nations on matters of citizenship such as the phrase in question here as placed in Article II, Section 1, Clause 5, namely, the requirement that a president 'be' a 'natural born citizen.'"

The argument continued, "Thus, it would seem, with all due respect, that if the court is required to and does treat the petitioners' motion for recusal as conceded the court would be required to consider the intent of the Framers of the Constitution in choosing the Article II phrase 'natural born citizen.'

"That is, of course, assuming that the majority of its members still believe that the intent of the Framers is essential to the constitutional rule of law in this country," the filing said.

In the original petition to the high court, the pleadings noted that if Obama is not constitutionally eligible, it will create a crisis.

"If proven true, those allegations mean that every command by the respondent Obama and indeed every appointment by respondent Obama, including the appointment of members [Elena Kagan and Sonia Sotomayor] of this and every other court, may be only de facto but not de jure [by right of law]," stated the pleading.

"Further, his signature on every law passed while he occupies the Oval Office is not valid if he is not constitutionally eligible to occupy that office de jure," it continued.

"Thus, it is not hyperbole to state that the entire rule of law based on the Constitution is at issue. Moreover, it would indicate that the respondent Obama ran for the office of president knowing that his eligibility was at the very least in question," it continued.

Elgin earlier confirmed that Hemenway, as the attorney of record, got the notice from the court that the certiorari petition was denied without comment. But he said there was nothing from the court on the motion for recusal.

The order on Jan. 18 from the high court simply listed case 10-678, Hollister, Gregory S. v. Soetoro, Barry, et al as "denied" with no explanation.

It appears from the court's documentation that Kagan and Sotomayor participated in the "conference," the meeting at which Supreme Court justices determine which cases they will take. On other cases there are notations that Kagan or Sotomayor did not participate, and the Hollister case is without any such reference.

Although proceedings are not public, it is believed that a case must earn four votes among the nine justices before it is heard.

"Scalia stated that it would be heard if I can get four people to hear it. He repeated, you need four for the argument.

The Supreme Court was considered to have a 4-4 conservative-liberal split, with one swing vote on most issues. On the conservative side generally was Chief Justice John Roberts, Justices Samuel Alito, Scalia and Thomas. Justice Anthony Kennedy often is the swing vote. The liberal side frequently included Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens.

(All we need is four justices to agree to hear the case against the fraud obama. If it happens it will be the beginning of the end for the hoax called obama.) Story Reports

The answer is obama has no long for birth certificate.

Obama only has an index notation with his name and sex.

This index notation was generated in 2007 when his campaign request Hawaii make up a "birth certificate" out of thin air.

If you are a US citizen Mr obama, prove it.