Updated below to include the decision by the Supreme Court.

The U.S. Supreme Court will consider Friday whether to take up a lawsuit challenging President-elect Barack Obama’s U.S. citizenship – a continuation of Leo Donofrio’s case against New Jersey Secretary of State Nina Mitchell Wells. Read more about this story below, see the birth certificate in question, and watch a video.

UPDATED: 12/08/08: The Supreme Court has turned down an emergency appeal from a New Jersey man, Leo Donofrio, who says President-elect Barack Obama is ineligible to be president because he was a British subject at birth.

The court did not comment on its order Monday rejecting the call to intervene in the presidential election.


UPDATE 12/07/08: The Supreme Court held off Friday on deciding whether to grant a hearing in the Donofrio lawsuit that would decide whether Barack Obama can constitutionally become president as a ‘natural born’ U.S. citizen.

A spokesman for the court said the decision on whether to hear the suit brought by retired New Jersey lawyer Leo Donofrio is likely to be announced next week.


The Donofrio suit originally sought to stay the election until Barack Obama’s birth certificate could be reviewed and authenticated but some legal experts say the appeal has little chance of succeeding, despite appearing on the high court’s schedule. It was Justice Clarence Thomas who referred it to the full court, which decided to distribute the case for the judges’ conference.

You will remember that Barack Obama has claimed in his autobiography and elsewhere that he was born in Hawaii in 1961 to parents Barack Hussein Obama Sr., a Kenyan national, and Stanley Ann Dunham, a minor. But details about which hospital handled the birth and other details provided on the complete birth certificate have been withheld by Obama despite a number of lawsuits from around the country and constant public demands for release that frankly, won’t go away.

The Donofrio case against New Jersey Secretary of State Nina Mitchell Wells, was originally seeking a court order to stop the November 4th presidential election. When that was denied, Donofrio amended his complaint to stop the Electoral College from certifying The One as the winning candidate when it meets on December 15th.

The Donofrio case is different then most of the other birth certificate lawsuits which claim he was born in Indonesia or ‘foreign soil’. Donofrio agrees that Obama was born in Hawaii however, he contends that Obama is not a ‘natural born citizen, as Article II, Section I of the U.S. Constitution requires.

“Don’t be distracted by the birth certificate and Indonesia issues,” Mr. Donofrio said in a statement. “They are irrelevant to Senator Obama´s ineligibility to be president.

“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.”

Compelling isn’t it? Can you even imagine if SCOTUS heard the case and found in Donofrio’s favor? I can’t even fathom the manufactured chaos from the left that would occur following such a decision! However, most legal experts are saying basically ‘no way’ from the court. It seems the Supremes – historically – rarely grant the kind of court orders – or stays – sought by Donofrio.

By the way, on Monday, December 8, 2008, at 1:30 pm eastern, the ‘We The People’ Foundation will conduct a press conference at the National Press Club in Washington D.C. The attorneys who initiated the Birth Certificate lawsuits in Pennsylvania for Philip Berg, in New Jersey for Leo Donofrio and in California for Orly Taitz, challenging The One’s legal eligibility to hold the Office of President of the United States, will briefly summarize the facts, legal arguments and status of their cases. They will also answer questions from the press.

For more information you can go to www.WeThePeopleFoundation.org

Obama Birth Certificate ‘Supreme Court Steps In’ Video