WASHINGTON, Dec. 8, 2008

Court Rejects Obama Ineligibility Appeal

Supreme Court Won't Review Charge That Obama Ineligible To Be President Because He Is Not A "Natural Born Citizen"

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(CBS/AP)  The Supreme Court has turned down an emergency appeal from a man who says President-elect Barack Obama is ineligible to be U.S. president because he was a British subject at birth.

The court did not comment on its order Monday rejecting the call by Leo Donofrio to intervene in the presidential election.

Donofrio says that since Obama had dual nationality at birth - his mother was American and his Kenyan father at the time was a British subject - he cannot possibly be a "natural born citizen," one of the requirements the U.S. Constitution lists for eligibility to be president.

“This is the least surprising move by the Supreme Court in years," said CBS News legal analyst Andrew Cohen. "No serious legal scholar believed that the Justices would take the case and overturn the election.”

Donofrio also contends that two other candidates, Republican John McCain and Socialist Workers candidate Roger Calero, also are not natural-born citizens and thus ineligible to be president.

At least one other appeal over Obama's citizenship remains at the court. Philip J. Berg argues that Obama was born in Kenya, not Hawaii as Obama says and the Hawaii secretary of state has confirmed.

Berg says Obama also may be a citizen of Indonesia, where he lived as a boy. Federal courts in Pennsylvania have dismissed Berg's lawsuit. Federal courts in Ohio and Washington state have rejected similar lawsuits.

Allegations raised on the Internet say the birth certificate, showing that Obama was born in Hawaii on Aug. 4, 1961, is a fake.

But state officials in Hawaii say they checked health department records and have determined there is no doubt Obama was born in Hawaii.

The nonpartisan Web site Factcheck.org examined the original document and said it does have a raised seal and the usual evidence of a genuine document.

In addition, Factcheck.org reproduced an announcement of Obama's birth, including his parents' address in Honolulu, that was published in the Honolulu Advertiser on Aug. 13, 1961.

©MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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by ofbyfor3 December 10, 2008 10:48 AM EST
Fight the arrogance! Use your Constitutional right of freedom of speech and send this article and video clip to as many as you know! Let the electoral college know they are about to deliberately ignore the Constitution by putting Obama in the Whitehouse!

Posted by Christ_Truth at 12:25 AM : Dec 10, 2008

Idiot! Your own source (worldnetdaily.com) has already been on record as verifying that Obama''s birth certificate is legit.

Get over it, sore loser!
Reply to this comment
by abbe91 December 10, 2008 10:44 AM EST
Wow. I didn''''t know that the popular vote determined the presidency. Shows how much you know about American government and how the electoral college system works.
What are they teaching you people in schools nowadays anyhow? Besides revisionist history, of course?
Posted by Christ_Truth at 12:29 AM : Dec 10, 2008

Well, you should remember that Florida was the key state in 2000 and Bush indeed got appointed president by the Florida supreme court.

In 2004, he was appointed by Diebold in Ohio.
Reply to this comment
by misha128-2009 December 9, 2008 7:25 PM EST
Posted by stlouisman3 at 03:58 PM : Dec 09, 2008

By the way this is a dumb game -- the Supreme Court never loses -- they have the option to determine their own schedule and re-decide any case they consider appropriate that is appealed to them. Only the plaintiff and the defendents have a "win-loss" measurement in the decision and the values there can be fractional.
Reply to this comment
by misha128-2009 December 9, 2008 7:21 PM EST
Obama 1
COonstitution 0

Posted by stlouisman3 at 03:58 PM : Dec 09, 2008

As the Supreme Court is the ultimate source for interpretation of the laws and the Constitution your score is in error. Since the Supreme Court determined they had no additional input and needed to provide no additional consideration of the issue your score is clearly should be 1-1.
Reply to this comment
by cheteunice December 9, 2008 6:58 PM EST
Obama 1
COonstitution 0
Reply to this comment
by libra217 December 9, 2008 3:48 PM EST
Not to mention that Obama''s very own "Fight the Smears" website ADMITTED his Kenyan citizenship until 1982.

Posted by Christ_Truth at 12:43 AM : Dec 09, 2008

Clearly you are a TROLL, just trying to get attention and rile people up.

Several posters dealt with you IN DETAIL on this issue of the supposed Kenyan citizenship a couple days ago. Yet you are bringing it up again as if nothing happened or got through to you.

I suggest that posters stop replying to "Christ-Truth" as he is totally impervious to input. With such a person, no discussion is possible.
Reply to this comment
by actornaught December 9, 2008 3:24 PM EST
...and Gore invented the internet.
Posted by TheMajority1 at 11:14 AM : Dec 09, 2008

why repeat this neocon hate-radio phony quote...
Reply to this comment
by mikemo1947 December 9, 2008 3:05 PM EST
usclimey - We don''t elect presidents by popular vote. We would have to change the Constitution.
Reply to this comment
by usclimey December 9, 2008 12:45 PM EST
Wow there''''''''''''''''s a shocker, the courts have rejected the will of the people again. Had this been a case against Bush along the same lines, I''''''''''''''''m sure they would''''''''''''''''ve obliged.

Christ_truth (the most hypocritical screenname ever)

Actually, if you remember the USSC did oblige Bush in 2000 by creating him president. This subverted the will of the people in that Gore won the popular vote.
Reply to this comment
by mikemo1947 December 9, 2008 12:33 PM EST
Christ_Truth - Please use another name. Christ is truth and what you say are distortions from the truth. You said "the courts have rejected the will of the people again", which is a distortion because the election we just had showed the will of the people. You said "Obama''''s very own "Fight the Smears" website ADMITTED his Kenyan citizenship until 1982", distortion, he admitted that he had rights to Kenyan citizenship because his father, but he never acted on it so it was revoke at age 18. He admitted he had US citizenship because his mother was an American and he was born in America. He never rejected his US citizenship. You indicate that Obama is preventing us from knowing his citizenship, but he has not. His birth certificate has always been available to those with authority in Hawaii and federal agencies. Why should the Courts make Obama bring it to court when there is no evidence that he is not a US citizen and when government officials already know he has a legitimate US birth certificate. If you are a real Christian then you will stop distorting the truth or stop using His name in vain.
Reply to this comment
by bjcone8559 December 9, 2008 12:32 PM EST
Wow there''''''''s a shocker, the courts have rejected the will of the people again. Had this been a case against Bush along the same lines, I''''''''m sure they would''''''''ve obliged.

Such is the moral decline of our nation where the Constitution doesn''''''''t even matter anymore.

Obama has never provided proof of his legal citizenship (no, a photo-shopped picture of his birth certificate on his "fightthesmears" website doesn''''''''t count).

Somehow Obama is immune from all Constitutional law.

Perhaps he is indeed the anti-Christ, or at least a catalyst to the anti-Christ.

Posted by Christ_Truth


I guess there will always be ''flat-earth'' conspiracy theorists.
Reply to this comment
by ofbyfor3 December 9, 2008 11:20 AM EST
Wow there''''s a shocker, the courts have rejected the will of the people again. Had this been a case against Bush along the same lines, I''''m sure they would''''ve obliged.

Such is the moral decline of our nation where the Constitution doesn''''t even matter anymore.

Obama has never provided proof of his legal citizenship (no, a photo-shopped picture of his birth certificate on his "fightthesmears" website doesn''''t count).

Somehow Obama is immune from all Constitutional law.

Perhaps he is indeed the anti-Christ, or at least a catalyst to the anti-Christ.

Posted by Christ_Truth at 12:41 AM : Dec 09, 2008

No, the court has upheld the will of the people against idiots like you who are nothing more than sore losers.

As to your assertion that there is only a ''Photoshopped'' version on the internet, did you miss where the article states ''But state officials in Hawaii say they checked health department records and have determined there is no doubt Obama was born in Hawaii.

The nonpartisan Web site Factcheck.org examined the original document and said it does have a raised seal and the usual evidence of a genuine document. ''

You need to get a life or at least get your head out of your behind, seriously.

As for shredding the Constitution, you can look to the current POTUS for his attempts at that, but you probably had no problem with that.
Reply to this comment
by a_nother2002 December 9, 2008 11:19 AM EST
Can this non-issue go away now.

PLEASE?
Reply to this comment
by hatesthecolt December 9, 2008 10:34 AM EST

This is creepy, and it spells a very grim outlook for our country in the future unless WE THE PEOPLE step up and fight for our freedoms and democracies and defend the Constitution.

Our voices MUST be heard!

Posted by Christ_Truth

Okay, so last night after the Supremem Ct. turned doswnt his case I turn on TV and the internet I see pictures of Obama''s Hawaiian birth certificate and I think to myself, SURELY this will resolve this among 99.9% of the population, so let''s get on CBS and see who out there are the real lunatics who cannot accept reality and sure enough here they are!
Reply to this comment
by yamnnjr December 9, 2008 9:00 AM EST


Post by: roger2123 in response to a comment about there being no christian terrorists.
"I suppose you never heard of David Koresh, Timothy McVeigh or Jim Jones and a host of other "Christian terrorists.""

My response to this: Roger, the difference is that the muslims in the middle east and some here still recognize the terrorists as worshipers of Allah.
However in contrast Christians do not recognize anyone serving contrary to the Word of God to actually be saved by Christ. Thus we do not accept them as being christian.
They may claim christianity, as the KKK did, but we do not believe they really serve Christ, and that they are actually serving Satan without realizing it.
And it''s not by our own opinion that we arrive at this conclusion, but by measuring them up to the Word of God we can see that they are not really christian as they claim.

So I have to agree with the guy your argueing with that there are no christian terrorists, only terrorist who claim christianity, but aren''t really serving the God they claim to be.
Reply to this comment
by mikemo1947 December 9, 2008 3:15 AM EST
DJ_IL - What is this nonsense "I will agree with you that Obama should provide his birth certificate." Why should he provide it? It has always been available to those with authority in Hawaii and federal agencies. The original belongs to the Hawaii state government and not Obama. He can get a copy or certified copy just like we can, but we cannot take the original. Obama does not have ownership of his birth certificate, the state does.

Our courts are designed to protect the innocent. The only way to force you to go to court is for someone to present evidence that you have done something illegal. They have not presented any evidence that Obama was not born in Hawaii, just a theory, and they want us to assume Obama is guilty unless he can prove he has not broken a law. That is not the American way of justice. Even if he showed up, they are not going to believe the certificate and will have theories about why in may be fake and shy other documents they need to be provided. Why would anyone want to keep coming back to court to prove they did not break a law when the prosecutor has not presented any evidence that he did.
Reply to this comment
by mikemo1947 December 9, 2008 2:42 AM EST
capt777737 %u2013 I think you are a phony, but maybe with a lot of creativity. You say too many stupid stereotype statements to be real. You claim to be an American, yet you don%u2019t stand for any of the things in the Constitution or any of the things the founding fathers thought were critical. You don%u2019t go by the rules of this nation and have your own little country in the sticks that people should be afraid of. You had me going for a while this afternoon, but now that I have had more time to see the pattern of your comments, it is obvious you can%u2019t be real. However, as I said, I enjoyed the read. Have a good night.
Reply to this comment
by libra217 December 9, 2008 2:29 AM EST
My concern is if you try and harm me in carrying out Obama''s orders which you seem to be willing to do.
You best be most concerned about that.
You are safe from me, long as you stay away, but are we safe from you? We think not.
And that''s your problem.

Posted by capt777737 at 11:02 PM : Dec 08, 2008

What on earth are you talking about ? This is how you respond to my first post (of 2 sentences) to you ? You are seriously paranoid! I have no desire whatsoever to "come after you".
Reply to this comment
by libra217 December 9, 2008 2:28 AM EST
My concern is if you try and harm me in carrying out Obama''s orders which you seem to be willing to do.
You best be most concerned about that.
You are safe from me, long as you stay away, but are we safe from you? We think not.
And that''s your problem.

Posted by capt777737 at 11:02 PM : Dec 08, 2008

What on earth are you talking about ? This is how you respond to my first post (of 2 sentences) to you ? You are seriously paranoid! I have no desire whatsoever to "come after you".
Reply to this comment
by centerfall94 December 9, 2008 2:18 AM EST
Posted by capt777737 at 11:14 PM : Dec 08, 2008

Wow! Bitter much? It must be really unpleasant to be you!

I think it''s extremely important that Rush/Hannity/any other so called "talk radio hosts" should be allowed to spew whatever nonsense they want. I believe it is people like this that handed Obama the White House. I believe they do more harm than good to their cause, and shutting them up would be a step backwards for democracy and liberalism.
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