Saturday, November 1, 2008

Will SCOTUS intervene in birth certificate row?

Obama's steadfast refusal to make his birth cert available sure gives grounds for doubt. And SCOTUS could certainly conclude that THEY have standing to intervene

The U.S. Supreme Court is being asked to help the nation avoid a constitutional crisis by halting Tuesday's election until Democratic presidential nominee Barack Obama documents his eligibility to run for the top office in the nation.

Democratic attorney Philip Berg had filed a lawsuit alleging Obama is ineligible to be president because of possible birth in Kenya, but as WND reported, a federal judge dismissed the complaint claiming Berg lacks standing to bring the action.

The 34-page memorandum that accompanied the court order from Judge R. Barclay Surrick concluded ordinary citizens can't sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.

Instead, Surrick said Congress could determine "that citizens, voters, or party members should police the Constitution's eligibility requirements for the Presidency," but that it would take new laws to grant individual citizens that ability.

"Until that time," Surrick says, "voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring."

Berg has maintained that uncertainty about how the U.S. does enforce the requirements of presidency may result in a constitutional crisis should an ineligible candidate win the office.

In a statement today, Berg said he is applying to Justice David Souter for an "Immediate Injunction to Stay the Presidential Election of November 4, 2008."

"I am hopeful that the U.S. Supreme Court will grant the injunction pending a review of this case to avoid a constitutional crisis by insisting that Obama produce certified documentation that he is or is not a "natural born" citizen and if he cannot produce documentation that Obama be removed from the ballot for president," Berg said.

"We must legally prevent Obama, the unqualified candidate, from taking the office of the presidency of the United States," Berg said.

More here

1 comment:

smrstrauss said...

This just in:

State declares Barack Obama's Hawaii birth certificate is genuine

By Associated Press
6:43 PM EDT, October 31, 2008

HONOLULU (AP) _ State officials say there's no doubt Barack Obama was born in Hawaii.

Health Department Director Dr. Chiyome Fukino said Friday she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.

Fukino says that no state official, including Republican Gov. Linda Lingle, ever instructed that Obama's certificate be handled differently.

She says state law bars release of a certified birth certificate to anyone who does not have a tangible interest.

And this slightly different account:

Friday, October 31, 2008 - 11:51 AM HAST (That means Hawaii/Aleutian Standard Time)
Obama’s Hawaii birth certificate confirmed
Pacific Business News (Honolulu)

The director of Hawaii’s Department of Health confirmed on Friday what Barack Obama has been saying all along: the presidential candidate was born in Honolulu.

“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate,” said Chiyome Fukino. “State law prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.”

Citing her statutory authority to oversee and maintain Hawaii’s vital records, Fukino said she has “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.

“No state official, including Gov. Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawaii,” Fukino added.

Lingle, a Republican, has been campaigning on the Mainland for Obama’s opponent, Sen. John McCain of Arizona.

Obama, a Democratic senator from Illinois, was born Aug. 4, 1961, in Honolulu. He graduated high school at Punahou School in 1979.