red states rule
11-13-2008, 11:07 AM
This could be very interesting and entertaining
Obama presidency challenged by New Jersey voter re: "natural born citizen" now before US Supreme Court. Standing not an issue-Birth Certificate not main point of suit. Action was originally filed against both Obama and McCain alleging ineligibility.
Champion of rights
FOR IMMEDIATE RELEASE
PRLog (Press Release) – Nov 10, 2008 – On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being "natural born citizens" as enumerated in Article 2, Section 1, of the US Constitution.
Unlike other law suits filed against the candidates, Berg etc., this action was the only bi-partisan suit, which sought to have both McCain and Obama removed for the same reason. (Later, Plaintiff also sought the removal of Nicaraguan born Roger Colera, the Presidential candidate for the Socialist Workers Party). The Berg suit will almost certainly fail on the grounds of "standing", but Donofrio v. Wells, having come directly from NJ state courts, will require the SCOTUS to apply New Jersey law, and New Jersey has a liberal history of according standing to citizens seeking judicial review of State activity.
While raising it as an ancillary issue, Plaintiff in this case didn't rely upon questioning Obama‘s birth certificate as the core Constitutional issue. Rather, he alleges that even if Obama was born in Hawaii, he was born to a Kenyan national father and is therefore not eligible to be President due to having dual loyalties at birth and split jurisdiction at the time of his birth.
http://www.prlog.org/10139161-obama-presidency-challenged-by-new-jersey-voter-renatural-born-citizen-before-us-supreme-court.html
Obama presidency challenged by New Jersey voter re: "natural born citizen" now before US Supreme Court. Standing not an issue-Birth Certificate not main point of suit. Action was originally filed against both Obama and McCain alleging ineligibility.
Champion of rights
FOR IMMEDIATE RELEASE
PRLog (Press Release) – Nov 10, 2008 – On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being "natural born citizens" as enumerated in Article 2, Section 1, of the US Constitution.
Unlike other law suits filed against the candidates, Berg etc., this action was the only bi-partisan suit, which sought to have both McCain and Obama removed for the same reason. (Later, Plaintiff also sought the removal of Nicaraguan born Roger Colera, the Presidential candidate for the Socialist Workers Party). The Berg suit will almost certainly fail on the grounds of "standing", but Donofrio v. Wells, having come directly from NJ state courts, will require the SCOTUS to apply New Jersey law, and New Jersey has a liberal history of according standing to citizens seeking judicial review of State activity.
While raising it as an ancillary issue, Plaintiff in this case didn't rely upon questioning Obama‘s birth certificate as the core Constitutional issue. Rather, he alleges that even if Obama was born in Hawaii, he was born to a Kenyan national father and is therefore not eligible to be President due to having dual loyalties at birth and split jurisdiction at the time of his birth.
http://www.prlog.org/10139161-obama-presidency-challenged-by-new-jersey-voter-renatural-born-citizen-before-us-supreme-court.html