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Supreme Court turns down case challenging Obama’s citizenship

David G. Savage
LA Times [1]
Monday, Dec 08, 2008

The Supreme Court today turned down an emergency appeal asking the justices to consider whether President-elect Barack Obama is a “natural born citizen,” and thereby, eligible to become president.

In a one-line order, the court denied the request from Leo Donofrio, a New Jersey man, who claimed that Obama could not be president because his father was from Kenya. Several other lawsuits have asserted that Obama was not born in Hawaii, despite his birth certificate showing he was born there on August 4, 1961.

None of these lawsuits have gained traction in the courts.

One such appeal is still pending at the Supreme Court, although it is likely to be turned down in a few weeks.


Virtually anyone who loses in a lower court can file an appeal at the Supreme Court if he or she pays the filing fee.

The Constitution says that “no person except a natural born citizen?shall be eligible to the Office of the President.” That clause excludes naturalized citizens, such as California Gov. Arnold Schwarzenegger, from becoming president. He was born in Austria.