“The common law is gone. The federal courts never applied the common law and even in the state courts it’s codified now.” (Associate Justice Antonin Scalia, Nov 22, 2008)
LEO DONOFRIO COMMENTS ON JUDAH BENJAMIN ARTICLE CONCERNING NATURAL BORN CITIZEN AND THE COMMON LAW
While I enjoyed reading this article, and I agree with the conclusion – that Obama is not eligible – I disagree with the basis upon which that conclusion was made.
Specifically, I disagree that the common law is controlling on the issue of “natural born citizen”. It is “national law” which is controlling. I don’t know if Mr. Benjamin is a lawyer, but his reading, explanation and understanding of the natural born citizen issue is not exactly on point.
I do agree with Benjamin’s conclusion, that Obama is not a natural born citizen, but for the wrong reasons…..
….All in all, Mr. Benjamin has made a valiant attempt to provide a clear analysis of the natural born citizen topic. Please do not assume I am bashing him. I respect his passion and research, but it’s not entirely accurate. And considering what Scalia just said to the Federalist Society about the common law being gone (only three days after my case was scheduled for conference), it’s important to keep things in their proper historical perspective.
We reported here earlier (11/28):
This issue of how ineligible candidates were allowed on the ballot will be coming to a head on Dec 5 when the U.S. Supreme Court (SCOTUS) has scheduled a conference on the merits of Leo Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey – no. 08A047
Regarding local Connecticut case (Wrotnowski v CT Sec of State) which has also garnered national attention Donofrio notes:
Today we are watching for the SCOTUS AUTOMATED Docket to be updated with two important developments, one in Cort’s case and one in mine.
We hope the docket will reflect that Cort Wrotnowski has renewed his application to the Honorable Associate Justice Antonin Scalia as of this morning. Cort’s application for an emergency stay and/or injunction was denied by the Honorable Associate Justice Ruth Bader Ginsburg on November 26, 2008. Cort sent it by Express mail on Saturday Nov. 29, 2008.
Also see Federalist Blog
Tags: antonin scalia, common law, constitutional law, cort wrotnowski, ct sec of state, leo donofrio, national law, natural born citizen, obama birth, obama fraud, obama natural born, scotus, Supreme Court