U.S. Supreme Court Clarence Thomas breaks tradition and causes hearing on Obama’s Citizenship – Action could delay Electoral College action to confirm the election of Obama.

Dec. 3, 2008

On Dec. 3^rd. Justice Clarence Thomas issued an order which will require the full supreme court to hear a certiori claim filed by a New Jersey attorney, after the initial petition was rejected by Justice David Souter. Thomas’s action is unusual as a rejection by one Justice of the Supreme Court traditional kills the matter. While technically Rule 22 allows such a writ to be refilled with another Justice, tradition and respect for the original Justice mandates that such second filings be rejected out of hand.

The writ sought seeks the delay of the meeting of the Electoral College scheduled for Dec. 15^th. The full court has set a conference hearing on the petition for Dec. 5^th.

Leo Donofrio claims that Barack Obama is not a “natural born U.S. citizen” because his father was from Kenya.

U.S. law has long held that anyone born in the United States under the doctrine of jus soli anyone born in the U.S. is automatically a U.S. citizen even if neither parent is a U.S. citizen.

Donofrio had previously challenged the citizenship of Republican Presidential candidate John McCain who was born in the Panama Canal Zone. That claim was rejected by the Court.

Donofrio cited Bush v. Gore for the theory that issues of national interest such as the election of a president could be heard by the Supreme Court. The court ruled in Bush v. Gore that that decision only applied to that one case, and was not to be cited as authority in any other case.

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