Supreme Court Justice Clarence Thomas has asked his colleagues on the United States Supreme Court to look at the REDICULOUS petition requesting an emergency stay based on the case Donoforio v. Wells questioning President-Elect Barack Obama’s citizenship……10 days before the Electoral College meets to certify President-elect Barack Obama the 44th president of the United States.  Thomas did so after the petition was rejected by Justice David Souter.  I do believe that that is the last straw folks…..Thomas can no longer redeem himself in the eyes of anyone with a thimble full of brains. This is precisely why many argue that he is unqualified to hold the position that he currently holds on the United States Supreme Court.  See full story below.

(December 3, 2008) – In a highly unusual move, U.S. Associate Supreme Court Justice Clarence Thomas has asked his colleagues on the court to consider the request of an East Brunswick, N.J. attorney who has filed a lawsuit challenging President-elect Barack Obama’s status as a United States citizen.

Thomas’s action took place after Justice David Souter had rejected a petition known as an application for a stay of writ of certiorari that asked the court to prevent the meeting of the Electoral College on Dec. 15, which will certify Obama as the 44th president of the United States and its first African-American president.

The court has scheduled a Dec. 5 conference on the writ — just 10 days before the Electoral College meets.

The high court’s only African American is bringing the matter to his colleagues as a result of the writ that was filed by attorney Leo Donofrio. Donofrio sued the New Jersey Secretary of State Nina Wells, contending that Obama was not qualified to be on the state’s presidential ballot because of Donofrio’s own questions about Obama citizenship.

Donofrio is a retired lawyer who identifies himself as a “citizen’s advocate.” The AFRO learned that he is a contributor to naturalborncitizen.wordpress.com, a Web site that raises questions about Obama’s citizenship.

Calls made to Donofrio’s residence were not returned to the AFRO by press time.

Donofrio is questioning Obama’s citizenship because the former Illinois senator, whose mom was from Kansas, was born in Hawaii and his father was a Kenyan national. Therefore, Donofrio argues, Obama’s dual citizenship does not make Obama “a natural born citizen” as required by Article II, Section I of the U.S. Constitution, which states:

“No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President…”

…to prevent the meeting of the Electoral College on Dec. 15, which
will certify Obama as the 44th president of the United States…

Donofrio had initially tried to remove the names not only of Obama, but also the names of Republican Party presidential nominee John McCain and Socialist Workers’ Party Roger Calero from appearing on the Nov. 4 general election ballot in his home state of New Jersey.

McCain was born in the Panama Canal Zone when it was a U.S. possession. Calero would be ineligible to be president because he was born in Nicaragua.
After his efforts were unsuccessful in the New Jersey court system, he decided to take his case to a higher level.

On Nov. 6, Souter denied the stay. Donofrio, following the rules of the procedure for the Supreme Court, re-submitted the application as an emergency stay in accordance to Rule 22, which states, in part, that an emergency stay can be given to another justice, which is the choice of the petitioner.

Donofrio’s choice was Thomas. He submitted the emergency stay to Thomas’s office on Nov. 14.  Thomas accepted the application on Nov. 19 and on that day, submitted it for consideration by his eight colleagues – known as a conference – and scheduled it for Dec. 5.

On Nov. 26, a supplemental brief was filed by Donofrio to the clerk’s office of the Supreme Court. A letter to the court explaining the reason for the emergency stay was filed on Dec. 1 at the clerk’s office.

Thomas’s actions were rare because, by custom, when a justice rejects a petition from his own circuit, the matter is dead. Even if, as can be the case under Rule 22, the matter can be submitted to another justice for consideration, that justice out of respect, will reject it also, said Trevor Morrison, a professor of law at Columbia University School of Law.

Morrison said that Thomas’s actions are once in a decade.  “When that does happen, the case has to be of an extraordinary nature and this does not fit that circumstance,” he said. “My guess would be that Thomas accepted the case so it would go before the conference where it will likely be denied. If Thomas denied the petition, then Donofrio would be free to go to the other justices for their consideration.  “This way, I would guess, the matter would be done with.  Petitions of Donofrio’s types are hardly ever granted.”

If that is the case, why would Thomas volunteer to be the scapegoat considering that it is a much bigger story because it was done with his pen?  Further, one wonders if  Thomas volunteers to do such favors for his colleagues with every dead end case requested to be viewed by the United States Supreme Court or is this a special case?  Finally, isn’t it amazing that this person approached Thomas first?  More than likely knew that Thomas would have a ready ear. Could it be that Thomas is attempting to make Pres. elect Obama’s inauguration as drama filled as his confirmation hearings as a method of payback that many have accused him of  doing via most of his decisions concerning civil rights and civil liberties while on the United States Supreme Court? Very sad.  Read the rest of this entry »

Wait a second….Chrysler has a parent company that will not bail them out?  Cerberus Capital Management owns 80% of Daimler/Chrysler and are flushed with cash yet they refuse to bail out the struggling automobile company.   So Chrysler’s parent company Cerberus has sent the company to taxpayers to ask for $7 billion dollars when it can easily make the loan.  Yes folks, Chrysler’s portfolio parent Cerberus refuses to inject cash into its subsidiary.   When asked about this, it is reported that Cerberus responded that it will not make additional investments in the automobile industry at this time.  Are ya kidding?  How does Chrysler expect consumers to invest and have faith in them when they can’t get help or receive any faith from their own family.   All I can say is …wow.

The CEO’s of the three automobile companies, Ford, Chrysler, and GM, will be on Capitol Hill today presenting their case as to why Congress should lend them 25 34 billion dollars.  Last time the execs came to Washington they came in private jets with their hands out.  This time they carpooled and flew domestic.  Unfortunately, this may be too little too late.  Sen. Harry Reid said yesterday that he does not think that they have the votes to approve the bailout for the industry.  The American people are also not too keen on industry bailout. 

The automobile industry proponents of the bailout and against bankruptcy argue that consumers will not buy a car from an automobile company that has declared bankruptcy.  One question, will a chapter 11 decrease consumer confidence any less than a bailout would?  Further, didn’t United and Delta airlines declare bankruptcy in 2002 and 2005 respectively and are still in business?  As a matter of fact, both companies have reemerged from bankruptcy stronger and leaner companies.  Advocates of the automobile bailout argue that buying a $300 airline ticket is not the same as buying a $25,000 car with a 5-year note.  However, if the automobile companies do an adequate job of communicating to consumers that bankruptcy does not mean that the companies are going under but means that they are reorganizing, consumers will buy.   Widely publicizing companies who have successfully survived bankruptcy is a great place to start the information campaign.  This will also give automobile companies the much needed incentive to update and respond to consumer demands. 

One question, where are the oil companies during all this?  The oil companies made billions in excess profits this summer stemming from the high cost of fuel.  Why can’t such oil companies make loans to Detroit, the industry would benefit tremendously if Detroit stays in business.  It’s a win win for both industries.  Even though there may be antitrust issues implicated, the idea is at least worth examination.   Just a thought.