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.
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. The conference is a completely private affair and the public may not attend. If four of the nine Justices vote to hear the case in full, oral argument may be scheduled. 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.
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)