Last week, Supreme Court Justice, Clarence Thomas, in a highly unusual move, requested that his colleagues review the petition, Donforio v. Wells, to grant an emergency stay after it was rejected by his colleague Justice David Souter.  Well his colleagues reviewed and considered the petition last Friday and delivered their answer today…..REJECTED and effectively DENIED further review of the case.

The jist of what the case argued:

“Since Barack Obama´s father was a citizen of Kenya, and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama´s birth, then Senator Obama was a British citizen ‘at birth,’ just like the framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on U.S. soil, he still wouldn´t be eligible to be president.” Washington Times, quoting Donofrio

Reactions to Thomas requesting such a review in the first place:

Trevor Morrison

[Trevor] Morrison [a professor of law at Columbia University School of Law] 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.” New America Media 3 Dec

Earl Hutchison in American Chronicle:

Thomas´s legal meddle on the Obama birth certificate [sic] non-issue fits perfectly in with his jaundiced interpretation of law and its practice and his private vow to get revenge on his liberal tormentors. Obama is the latest would be victim. He almost certainly stirred Thomas´s personal ire back in August. Obama was asked at a joint church gathering with Republican rival John McCain at the mega Saddleback church in Lake Forest, California which justice he wouldn´t have nominated to the Supreme Court. He didn´t hesitate. He named Thomas. And he told why.

“I don´t think that he was a strong enough jurist or legal thinker at the time, for that elevation, setting aside the fact that I profoundly disagree with his interpretations of a lot of the constitution.” Earl Hutchinson in American Chronicle.  He went on to say that [Thomas] wants more judges to think and act like him on the bench. Obama has made it clear not only that he would not appoint another Thomas to the High Court but that the type of judges he´d appoint will be the diametric opposite of him.

Les Payne opines:

The bitter Justice Thomas is seemingly bent these days on exacting revenge on the larger black community. It is perhaps in this light that we catch a glimpse of him stoking the Donofrio case as much for Limbaugh laughs as for the backhand it applies to the aspirations of African-Americans. Newsday