Today, the African-American news site Afro.com posted an article about the Supreme Court case,Â Donofrio v. Wells. While they initially did a good job of covering the history of the case, they then went on to quote some folks who are considered experts in the field.
The first, a law professor at Columbia Law, stated that Donofrio’s situation of the Justices allowing a renewed stay application to be considered for Certiorari is very rare. He thinks that the only reason why Associate Justice Thomas accepted the renewed application after Associate Justice Souter denied it is to have all 9 Justices formally deny it in Conference, based on the idea that Leo could continually try to resubmit his application until one of the Justices allowed it.
I think you can see where there are some logical flaws in that premise. From the start, maybe Justice Thomas saw something differently than did Justice Souter. It’s not like these folks aren’t big boys and girls who can’t keep their egos in check if one decides to think differently than the other and consider the same case. While the professor’s theory is plausible, I see it as unlikely, for if the case were really flawed, surely Justice Thomas would have similarly denied it.
The second, a senior fellow at the Brookings Institution who, as an expert on immigration, thinks the case is “going nowhere,” going on to say, “we have a system known as jus soli or birthright by citizenship. You are a citizen by being born on American soil and he (Obama) was born in Hawaii.”
Let’s assume for the sake of discussion that Obama really was born in Hawaii.Â FactCheck.org’s siteÂ still shows evidence that since Barack Obama’s father was a Kenyan citizen as a colonist under the UK at the time, any children of his would have automatically become UK citizens, no matter where in the world they would have been bornÂ and, consequentially, Barack Obama would have had, at birth, dual citizenship, which is a no-no for the Presidency under the Constitution.
This is exactly the premise upon which Leo has built his case.