By the end of today, we should know whether Leo Donofrio’s case will be heard by the U.S. Supreme Court. As I mentioned before, the odds aren’t good. Still, as soon as I hear anything from my sources in the Court and elsewhere, you’ll know here in this place — regardless of whether or not I’m limited to my Blackberry at the time.
Also, I was planning on running a question-and-answer piece with Philip Berg, but as it turns out I think it will turn out better if we wait for a few days. Thank you for understanding.
In the meantime, keep your fingers crossed that the right thing is done for our Constitution.
As an aside, for those wondering why I say that the odds of Donofrio’s case being heard are long, it’s because the odds truly are. As I’ve written before, even aside from the merits of any particular case, the Court sees about 8,000 petitions for certiorari each year, and grants only about 100 of them. Donofrio didn’t file a petition for cert — he filed a application for stay (which is fine) which, in turn, must be treated by the Court as a petition for certiorari.
People seem to think that, because I played Devil’s Advocate with Leo Donofrio and was tough on the guy when he first filed the Application for Emergency Stay, I somehow think his case is bad and don’t want him to succeed. That’s not true. I’d like for this matter to be heard, regardless of who brings it. Personally, I think that, over and beyond Barack Obama and Kenya and certificates and everything else, the Constitution simply demands it.
Still, rules are rules and odds are odds. If you’ve been sitting at a slot machine for six hours without a payout, for example, the odds of that machine paying on the next pull are the same as if you had just sat down. Odds are odds, and procedure is procedure.
But it doesn’t hurt to cross your fingers…
Several people are saying that, because Donofrio’s case was not among the release showing two cases for which certiorari were granted, his stay-as-petition-for-cert was denied. Even the law blog at The Wall Street Journal is reporting as such. As much as I think it very probably was in fact denied, nothing I have seen so far–including the order list distributed today–suggests 100 percent that cert was either denied or granted.
Perhaps I’m missing something, but I cannot find anything that conclusively points toward denial. I’m guessing that, absent evidence to the contrary, people are simply taking sides according to the odds.
Absent another miscellaneous order showing that the Justices granted Donofrio’s petition, not likely to come at this hour, we’ll just have to wait until Monday or Tuesday for the full list of orders.
Monday, remember, is the press conference at the National Press Club. I may try to go, should I be able to shuffle some work around and decide to petition the Court for a stay with regard to studying for exams. We’ll see.
Furthermore, I just saw Wolf Blitzer on CNN do a three-minute segment on Donofrio’s case. Of course, it was painted as you would expect it to be but, at this point, any focus on the constitutional aspects of this issue is good. The only thing, however, is that really I wish that the underlying motivation behind these legal actions would not necessarily be depicted as so much anti-Obama as pro-Constitution. I may be a conservative, I may firmly believe that Obama was certainly not the best choice for this country, but I would absolutely, positively be equally up in arms if it were a different politician, even a conservative.
For more information and materials about the citizenship- and eligibility-related cases at America’s Right, please click HERE for a time-line.