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Clarence Thomas pushes Obama citizenship case onto Supreme Court docket
Staff Reporter | Posted December 4, 2008 12:50 PM
The controversial effort to challenge Barack Obama's U.S. citizenship got unexpected support when Supreme Court Justice Clarence Thomas pushed the issue onto the Court's docket for Friday after it had been rejected last month.
The Court will decide on Friday whether to consider a New Jersey case against Obama that charges the president-elect has not demonstrated his U.S. citizenship, as required by the Constitution.
The case, Donofrio v. Wells, was filed by Leo C. Donofrio against New Jersey Secretary of State Nina Mitchell Wells and heard by the Supreme Court of New Jersey.
On Monday, November 3, an application (08A407) for a "stay pending the filing and disposition of a petition for a writ of certiorari" was submitted to Justice David Souter, who denied the request on November 6.
A week after Souter's rejection of the case, the application was refiled and submitted to Justice Clarence Thomas. Instead of rejecting the application, Thomas distributed it to his colleagues, and the issue was scheduled for conference on Friday, December 5. A brief from Donofrio was filed the day before Thanksgiving and the conference is not set to take place, according to official Court records.
While the justices are convening inside the courthouse, demonstrators will be gathering outside for a vigil in support of the case.
The New Jersey case is one of several challenges to Obama's election, including a federal suit by Philip Berg from the Third Circuit Court of Appeals in Pennsylvania, and one by former presidential candidate Alan Keyes in California. The Supreme Court refused to hear the Berg case after the lower court held that the plaintiff lacked standing to bring the suit. Several other suits filed have been dismissed in Hawaii and Ohio.
The Obama campaign argues that Barack Obama is a naturally born U.S. citizen, born in Hawaii on August 4, 1961 and his birth certificate has been validated by officials in that state.
The latest move by Justice Thomas was first reported by the Washington Afro-American newspaper, which described it as a "highly unusual move."
The Electoral College is scheduled to meet on Dec. 15 to certify Obama as the next president of the United States.
"Donofrio is questioning Obama's citizenship because the former Illinois senator, whose mom was from Kansas, was born in Hawaii and his father was a Kenyan national. Therefore, Donofrio argues, Obama's dual citizenship does not make Obama 'a natural born citizen' as required by Article II, Section I of the U.S. Constitution," according to the Afro story.
After Souter rejected his case, Donofrio followed the rules of procedure for the Supreme Court and re-submitted the application as an emergency stay in accordance to Rule 22, which allows an emergency stay request to be given to another justice, at the choice of the petitioner, according to the Afro story.
"Thomas's actions were rare because, by custom, when a justice rejects a petition from his own circuit, the matter is dead," the Afro reported.
If the Court accepted the case and ultimately overturned the election results, it would be the second time in 8 years that the Court had intervened in a presidential election. Thomas, the only African-American member of the Supreme Court, famously participated in the controversial Bush v. Gore case in 2000.
In that case, the U.S. Supreme Court ordered the state of Florida to suspend its recount of votes that could have determined the winner of the election. In the end, George W. Bush defeated Vice President Al Gore by 537 votes in the state of Florida.
Articles written by a Staff Reporter are unsigned reports from a member of the staff.
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2008-12-04 15:08:45
These exact same tactics (hijacking or compromising my identity--trying to make me born in Peacock, Georgia instead of my native Sudan) have been used against me by groups who disagreed with my opinions and wanted to silence me.
These people will manufacture false documents; pay people to lie; do whatever it takes in their attemtps at discrediting someone...simply because you expressed a view they feel threatened by.
In my case, because I was in the media attacking the Sudanese government and extremist Islamic practices--I was attacked by U.S. oil companies (and their "paid" reporters) and the AMERICAN Arab-owned businesses who own several prominent Black American politicians and media people.
More than one White Professor sneered that I was "putting a Black face on Egypt" (I am half-Egyptian).
When I publicly stated that I'd had an abortion and didn't see biracial people as "pure black"---the Abortion rights people and the Upper Class "BOUGIE" Black Americans joined in the "we hate that African b***Ch campaigns".
I was accused of "hating" biracial people--which is total and ridiculous b.s.--but Black Americans are so obsessed with becoming mulattos, that they ASSUME not seeing Vin Diesel as 'black' prevents me from loving that person. (If I can be a fanatic over Julia Roberts, the GoGo's and Bette Davis, who are white---then why in the hell couldn't I LOVE biracial people, especially since I see them all as my "Family/blood relatives"?). Why do I and other AFRICANS have to LIE and tell them they're black when they're so obviously NOT?
But once you scare people by being different--they will do anything to destroy you.
I made the mistake of very loudly REBELLING against the American status quo that says that black women can't celebrate their blackness without watering it down or doing "white girl drag".
I made the mistake of PUBLICLY encouraging other Blacks to be proud and to revel in their blackness.
Despite loving all human beings (just as I'm certain Barack Obama does)--peoople saw this as a rejection of the DOMINANT white culture (even Black Americans were offended that I WANTED, liked and PREFERRED being my own race).
They tried to ram all that American "there's only the human race" b.s. down my throat. As if being HUMAN ever stopped 6 million Jews from being baked in ovens or got Danny Glover or a cab or protected black people from Racial Profiling.
Americans get pissed off when I tell the truth---that COLOR Is NOT a "social construct", regardless of what the word "race" is.
This a country that HATES people who tell the truth.
And now they're using these same tactics to MURDER the message and voice of Barack Obama.
This is what they do---they smear you and degrade you so that only their voice; their view can be heard. And they get BLACK N******Stock to do their dirty work.
If White People don't report your story, after all...it's not true. Because only White People can decide what is history or what really happened. Even if they're LYING 80% of the time because they can't stand that a Black Egyptian woman has made it to the western world and is putting a new face on Egypt as they claimed.
BARACK OBAMA IS AS AMERICAN AS APPLE PIE---but somehow, the White Republicans forget that it was always a BLACK HAND baking their damn pie!
This country should be ASHAMED for these type of LIES, witch-hunts and smear tactics.
They actually believe that if you silence the truth...then it's no longer true.
Just like with the INDIANS, that's what most White Americans believe.
2008-12-04 15:09:34
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2008-12-04 18:29:48
I read on another web site that Obama's birth announcement was printed in a Hawaiian newspaper shortly after his birth. It seems to me that that, plus the other Hawaiian documentation, should be more than sufficient proof that Obama does qualify as a natural-born citizen and can legally be president. On the other hand, I wouldn't be surprised if someone forged documents to prove that he was born in Kenya. There are some people who still believe that the earth is flat and that moon landings, etc., were faked. Some people just are not rational, and some are filled with such hatred that they will stop at nothing to get their way.
If I understand it correctly, the office of President is the ONLY office which has to be filled by a natural-born citizen. Naturalized citizens can be governors, members of Congress, etc.
Like many white men, I was extremely happy that Obama was elected. Of course his election will not cause all problems resulting from racism to go away, but it is an important milestone. It will be some time before we will be able to determine just how important it is.
2008-12-04 18:37:19
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As someone said, there's the whole Illinois public office thing where his birth nationality would have come out, as it did with Schwarzenegger in California.
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2008-12-05 02:13:04
Then answer this question. Have the ever challenged any of the past 43rd Presidents?
But then I guess not a$$hole their WHITE. So that makes them so PURE AND CLEAN. We knew to expect all of this and it will keep coming because you pure rabid haters of this man will constantly have something to say.
Clarence Thomas will always have a bone to grind with African Americans because he hates himself as being one. You know the story line Black Man raised in a modest with the value of if you do well you'll succeed. When road blocks can in his way Affirmative Action cleared the way for to succeed. While struggling married to a Black woman. Then AHHHHHHH The sweet smell of success. OK I don't need her BLACK A$$ anymore. Now let me go for the eternal prize ALA Virginia Caucasian beauty. She can help me forget my past of growing up a modest BLACK MAN
Now I've had made it to the Supreme Court !@/&$ all you black folks I got mines and I'll hope you never get yours and me and my homie Ward Connelly will see to it. OMG! Now a Black Man has become President how can I railroad this situation? Oh I just got something from a US citizen challenging his birth place well lets here it maybe I can be famous for taking him down and WHITE America who hates minorities will LOVE me even more as I am their TOKEN BLACK
Clarence Thomas is an educated IDIOT and I hope he BURNS IN HELLL
2008-12-05 02:16:58
Then answer this question. Have they ever challenged any of the past 43rd Presidents?
But then I guess not a$$hole they're WHITE. So that makes them so PURE AND CLEAN. We knew to expect all of this and it will keep coming because you pure rabid haters of this man will constantly have something to say.
Clarence Thomas will always have a bone to grind with African Americans because he hates himself as being one. You know the story line Black Man raised in a modest home with the values of if you do well you'll succeed. When road blocks came in his way Affirmative Action cleared the way for him to succeed. While struggling married to a Black woman.
Then AHHHHHHH The sweet smell of success. OK I don't need her BLACK A$$ anymore. Now let me go for the eternal prize ALA Virginia Caucasian beauty. She can help me forget my past of growing up a modest BLACK MAN
Now I've had made it to the Supreme Court !@/&$ all you black folks I got mines and I hope you never get yours because me and my homie Ward Connelly will see to it.
OMG! Now a Black Man has become President how can I railroad this situation? Oh I just got something from a US citizen challenging his birth place well lets here arguements on it maybe I can be famous for taking him down and WHITE America who hates minorities will LOVE me even more as I am their TOKEN BLACK
Clarence Thomas is an educated IDIOT and I hope he BURNS IN HELLL
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