A Third Obama Challenge at Supreme Court

For the third time a petition has been filed with the U.S. Supreme Court challenging Obama’s eligibility to be President under Article 2, Section 1, of the Constitution.  Hollister v. Barry Soetoro, et. al. filed by veteran attorney John D. Hemenway contends that Obama does not meet the eligibility requirement to be a “natural born” citizen of the United States. (Soetoro was Obama’s stepfather’s name and the name Obama lived under when a school boy in Indonesia.) The Court will include this case for consideration at its January 14 conference.


Unlike other lawsuits challenging Obama’s eligibility, this case has not been refused in the lower courts for “lack of standing.” In addition, Hemenway has made a strong case that Justices Sotomayor and Kagan recuse themselves since they potentially have a personal stake in the outcome of the case if the Court agrees to hear it. Both were appointed by Obama, but if he is not Constitutionally eligible to be President, then their appointments are in question, as are other actions he has taken as President. In a previous conference the justices did not recuse themselves which raised questions among some in the legal community.

A major point of Hemenway’s case relies on the Immigration and Naturalization Act of 1952, which was in effect when Obama was born in 1961. According to this Act, since Obama’s father was Kenyan and a British subject, Obama’s mother could confer “naturalized” citizenship upon him only if she had resided continuously in the United States after the age of 14 for a period of 5 years prior to his birth. Since his mother was 18 at his birth, this requirement was obviously not met.

Other lawsuits have contended that Obama was not born in the United States (his own grandmother claims to have attended his birth — in Kenya) and/or that since his stepfather moved the family to Indonesia and Obama was listed as Indonesian on school records, his citizenship was forfeit.  With Hemenway’s lawsuit it wouldn’t matter if he were born in the United States because he still would not have “naturalized” citizenship under the law at the time.

For over two years Obama has repeatedly refused to make public his records:  long form birth certificate, school records, college records, social security, passport, etc., records most Americans are used to showing on request for drivers licenses, etc. Instead he has fought every request and every attempt to prove his eligibility. However, if the Court agrees to hear one of the upcoming cases, he will finally have to turn over his records to the Court. Then the rule of law will prevail.


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