Obama Eligibility Reconsidered by Supreme Court

Surprisingly, the U.S. Supreme Court has agreed on March 4 to reconsider hearing a lawsuit challenging Obama’s eligibility under the Constitution to be President.  In January, the Supreme Court, in conference, denied without comment the original request to hear arguments in the case claiming that Obama is not a “natural born” citizen as required under Article 2, Section 1.  However, attorney John Hemenway repetitioned the Court stating that it had not responded to his motion, as required by law, that Sotomayor and Kagan recuse themselves from voting on the petition.

U.S. Supreme Court

In his motion for recusal, Hemenway argued that since Obama had appointed Sotomayor and Kagan to the Court, this created a potential conflict of interest and they should not vote on whether or not to hear the case regarding Obama’s eligibility. In repetitioning the Court, he stated that the Court was obligated to respond to his recusal motion within ten days if it had opposed, and since the Court had not responded that meant there was no objection to the motion and Sotomayor and Kagan should have recused themselves from voting, which they didn’t.

Hemenway’s case, Hollister v. Barry Soetoro, et al  (Soetoro was Obama’s stepfather’s name and the name he had as a boy in Indonesia),  is one of the oldest working its way through the court system and has the distinction of not having been denied by lower courts for “lack of standing,” which has ended other eligibility lawsuits without being heard.

Last year Supreme Court Justice Clarence Thomas stated before a U.S. House subcommittee that the Court was avoiding consideration of Obama’s eligibility. Hemenway stated in his petition for rehearing, “To continue to avoid the issue will destroy the constitutional rule of law basis of our legal system when it is under vigorous assault as surely as if the conscious decision were made to cease preserving and protecting our founding charter.” On March 4 the Court has another chance to consider its decision.

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