THE UNITED STATES SUPREME COURT HAS SCHEDULED - FOR FULL CONFERENCE - LEO DONOFRIO'S NJ CITIZEN SUIT CHALLENGING THE ELIGIBILITY OF MULTIPLE 2008 PRESIDENTIAL ELECTION CANDIDATES, INCLUDING BARACK OBAMA.
[UPDATE]:Leo C. Donofrio will be doing two radio interviews tonight. Those will be the last contact he has with the press until after the case is finally resolved by the US Supreme Court. Thanks to all for the support.
At 9:00 PM EST, Leo will do a brief radio interview with Bob Vernon for Honest American News. Please visit the Plains Radio Network for an archive of previous interviews with Leo.
At 10:00 PM EST, Leo will be interviewed on Overnight AM with Lan Lamphere where you can hear a rebroadcast of Leo's two hour interview from Nov. 18.
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Today, the United States Supreme Court scheduled the case - Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey - US Supreme Court Docket No. 08A407 - for a conference of the nine Justices.
If four of the nine Justices vote to hear the case in full review, oral argument may be ordered. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College.
The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the "national election" pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.
Leo Donofrio brought his case from a lower New Jersey court to the NJ Supreme Court - was denied - and then he filed an emergency stay application in the United States Supreme Court on Nov. 3, 2008, before the Honorable Associate Justice David Souter. Justice Souter denied the emergency stay application on Nov. 6.
Leo Donofrio renewed the application, as per Supreme Court Rule 22.4, to the Honorable Associate Justice Clarence Thomas by way of Express mail on Nov. 14. The application arrived at the Supreme Court on Nov. 17 and was submitted directly to Justice Thomas.
On Nov. 19, the case was docketed for full conference of all nine Justices and scheduled for December 5, 2008. It is not known at this time the exact details of how the case came to be "DISTRIBUTED for Conference".
Background on "The Justices Conference" is discussed as follows by the Supreme Court Historical Society:
"No outsider enters the room during conference. The junior Associate Justice acts as "doorkeeper," sending for reference material, for instance, and receiving it at the door...
Five minutes before conference time, 9:30 or 10 a.m., the Justices are summoned. They exchange ritual handshakes and settle down at the long table. The Chief sits at the east end; the other Justices sit at places they have chosen in order of their seniority...
The Chief Justice opens the discussion, summarizing each case. The senior Associate Justice speaks next, and comment passes down the line. To be accepted for review, a case needs only four votes, fewer than the majority required for a decision on the case itself. Counsel for the litigants are directed to submit their printed briefs so that each Justice has a set several weeks before argument.
This blog will be updated as details emerge. Below is a screen-shot of the docket entry:
| No. 08A407 |
|
| Title: |
| Leo C. Donofrio, Applicant |
| v. |
| Nina Mitchell Wells, New Jersey Secretary of State |
|
| Docketed: |
|
| Lower Ct: |
Supreme Court of New Jersey |
| Case Nos.: |
(AM-0153-08T2 at the New Jersey Appellate Division without a docket number) |
| ~~~Date~~~ |
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 3 2008 |
Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter. |
| Nov 6 2008 |
Application (08A407) denied by Justice Souter. |
| Nov 14 2008 |
Application (08A407) refiled and submitted to Justice Thomas. |
| Nov 19 2008 |
DISTRIBUTED for Conference of December 5, 2008. |
| ~~Name~~~~~~~~~~~~~~~~~~~~~ |
~~~~~~~Address~~~~~~~~~~~~~~~~~~ |
~~Phone~~~ |
| Attorneys for Petitioner: |
|
|
| Leo C. Donofrio |
P.O. Box 93 |
|
|
East Brunswick, NJ 08816 |
|
| Party name: Leo C. Donofrio |
http://origin.www.supremecourtus.gov/docket/08a407.htm
|