Dr. Orly Taitz DDS, counsel for Lightfoot v. Bowen, has had her stay application denied by Associate Justice Kennedy:

Dec 17 2008

Application (08A524) denied by Justice Kennedy.

However, she comments that the case is being resubmitted to Chief Justice Roberts:

I decided to write to Roberts. It will be an open letter, that will be posted on the Internet, it will be read at the numerous radio stations around the country, including the radio stations around all the military bases, it will be in the video form on U-tube, the whole country will be watching him.

Dr. Taitz writes further in her commentary that she is using the “process of elimination” to try to figure out which Justices are voting against giving a case hearing in Conference…

Although Dr. Taitz has the best of intentions at heart, this kind of deductive speculation is built on a faulty premise, in my view. While she certainly has the privilege of being able to resubmit her emergency stay application to whichever other Justice besides Kennedy she pleases, their collective actions in Conference will never be known to anyone outside of that circle of Justices, as it should be. Cases should be reviewed without thoughts of political expendiency.

Further, I think that Dr. Taitz is failing to consider that it is highly likely that the previous cases already considered were denied their emergency stays not necessarily because of the content of their claims, but rather because the Supreme Court has never been likely to stop the Legislative branch from fulfilling its constitutional duties (e.g.: the Electoral College poses no harm by having voted, per se, on a President-elect). Instead, the Supreme Court should be reminded by way of a follow-up suit after the Legislative branch has exhausted the electoral process that the chosen nominee, President-elect Barack Hussein Obama, is very likely an ineligible candidate for the presidency.

-Phil