I don't get it. Many years ago when I took an introduction to the law course

[question everything]

it was my understanding that one has to jump over hoops to receive a "writ of certiorari" to have one's case heard by the Supreme Court.

So how can a nut job get the whole Supreme Court to convene for a special session to hear case against "Obama citizenship?"

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=3630603

The guy accepts that he was born in Hawaii, when Hawaii was a United States proper, to an American mother. So what if his father was not?

There are millions American citizens born on this land with only one parent who was a citizen at a time.

What is going on?

[roody]

1. There are many born to two non-citizen parents.

[varkam]

2. I think they'll be considering whether or not to grant cert - not to hear the merits of the case.

Just my read, though.

[question everything]

3. Yes, but how did he even get them to consider granting cert?

For most, it takes years.

[varkam]

5. Beats the hell out of me. eom

[Mabus]

11. I believe it has to do with the timing of the Electoral College which meets on 12/15

Think of it in terms of an execution. Requests for a stay of execution are moved to the forefront because the clock is ticking. Once an execution has taken place then subsequent actions to stop the execution are moot.

In this instance, the Electoral College will meet on Dec. 15th and the Donofrio case is about postponing the EC from meeting until he gets a hearing on the merits of his case (which is invalid on the basis of jus soli which means that if you are born on American soil, you are an American citizen). I mean, people who are born in the District of Columbia are considered American citizens even though it isn't a state. Moreover, children born of illegal aliens on American soil are considered American citizens.

So, as someone pointed out, SCOTUS isn't meeting to determine the merits of the case but whether the ticking clock should be stopped and the EC prevented from carrying out their duties.

The real question, to me at any rate, is why Thomas called the conference. On the other hand, by calling the conference they can put the matter to rest (which they should do) and the EC will be allowed to meet on the scheduled date.

[question everything]

13. Thank you. This explains the urgency

however, as you point it out, why can't they just throw it out? He was born in Hawaii which was a United States soil a fact that even the petitioner does not dispute.

But you are right. Perhaps by tomorrow this time this will be over.

[Mabus]

16. Because the petitioner is a nutball

and he would continue to pestering the Justices with this. In actuality, who knows? Maybe Thomas sees this as a way of actually doing something on the Court that will give him some recognition, he could be doing it as a favor to one of his cronies or he just needs his ego stroked. Lord knows that Thomas' legacy as a Justice is severely lacking. Plus, Thomas will be a hero to RW morons everywhere and they will pay to see him speak and/or buy his books. He will finally be known for something other than pubic hair on a coke can and "Long Dong Silver".

[Doughboy71]

4. I don't believe they are hearing the case in

Open court...They are just reading the case to see if it should be heard like they do with 1000's of other cases, most of which, including as this one probably will, get turned down without comment. The problem is, most people are uneducated / don't know how the Supreme Court works so they think just becuase Justice Thomas said they would look at it means it will be argued in open court.

[question everything]

6. Still, how many petitioners even get to this stage, to have the justices

even consider their case? And so quickly?

[elleng]

10. Some.

Thomas referred it, so they'll look at it to decide whether to hear it fully.

[glowing]

7. The only reason you are hearing about this is because its an attack on

Barack Obama and the American voters... and its being smeared all over the right wing talk radio and Faux Noise.. so of course the other idiot journalists bring it up like its news.. How many of these other "certs" are they considering and do we ever know about any of them? Most of the time the news acts like the Supreme Court doesn't exist except in cases like abortion and desegregation.

[nadinbrzezinski]

8. Who is the Chief Justice? Roberts

call it what it is... activist court...

Yes you right wingers... this, just like Bush V Gore fits the definition... not your feverish claims

[elleng]

9. 'Justices will decide whether to consider the case.'

They have NOT decided to consider the case in full.

[onenote]

12. here is an explanation of what is going on -- its pretty standard procedure

the nutjob's request is being considered by the court in its regular friday conference, not some special session. And the reason its being considered by the full court is because of the way the case was presented. The nutjob originally filed an emergency petition for stay with Justice Souter who rejected it, which is what happens most of the time someone makes such a request. Under the court's rules, the nutjob could, and did, then turn to another justice with the same request (Thomas). The standard practice when this happens is for the second justice getting the request to then refer it to the full court for disposition. Its viewed as the most efficient approach, since otherwise, the nutjob could just continue making requests justice by justice, wasting everyone's time.

and the issue raised by the nutjob before the court isn't whether Obama is eligible to be president, its whether the court below erred in concluding the nutjob didn't have the necessary "standing" to bring his lawsuit.

Hopefully, after tomorrow, the nutjobs will go find some other dopey thing to do.

[question everything]

14. And, of course, Thomas cannot decide a case on his own, like Souter

so he runs to mommy.

Has Thomas ever written his own opinion, or only agreeing with big brother (Scalia?)

Agree with you that by tomorrow it will be over.

[onenote]

15. No. Thomas did exactly what any justice would do.

THe standard SCOTUS practice is that when an application for emergency relief is denied by one justice and then submitted to a second justice, the second justice almost always submits the case to the full court. If instead of thomas, the petition had been re-submitted to ginsburg, the same thing would have happenedn -- she'd have submitted it to the full court for resolution. You don't have to believe me, but unless you have a stronger source than the author of the leading treatise on supreme court practice arguing to the contrary, I stand by my post.

"If the assigned Justice denies an application, then the application can be re-submitted to any other Justice...under modern practice, renewed applications usually are submitted to the entire Court for resolution."

http://www.appellate.net/docketreports/In_Chambers_Opinions_v2_scdr3_2004.pdf (page xi)

[trayfoot]

17. Accordig to MY law courses......

Obama has NOTHING to worry about! These idiots -and they are idiots - will continue to be IDIOTS! It won't make a damned bit of difference!