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Court won't review Obama's eligibility to serve 
Suit claimed Obama was British-born and not a 'natural born' U.S. citizen
The Associated Press
updated 10:12 a.m. ET, Mon., Dec. 8, 2008

WASHINGTON - The Supreme Court has turned down an emergency appeal from a
New Jersey man who says President-elect Barack Obama is ineligible to be
president because he was a British subject at birth. 

The court did not comment on its order Monday rejecting the call by Leo
Donofrio of East Brunswick, N.J., to intervene in the presidential election.


Donofrio says that since Obama had dual nationality at birth - his mother
was American and his Kenyan father at the time was a British subject - he
cannot possibly be a "natural born citizen," one of the requirements the
Constitution lists for eligibility to be president. 

Donofrio also contends that two other candidates, Republican John McCain and
Socialist Workers candidate Roger Calero, also are not natural-born citizens
and thus ineligible to be president. 

At least one other appeal over Obama's citizenship remains at the court.
Philip J. Berg of Lafayette Hill, Pa., argues that Obama was born in Kenya,
not Hawaii as Obama says and the Hawaii secretary of state has confirmed. 

Berg says Obama also may be a citizen of Indonesia, where he lived as a boy.
Federal courts in Pennsylvania have dismissed Berg's lawsuit. Federal courts
in Ohio and Washington state have rejected similar lawsuits. 

Allegations raised on the Internet say the birth certificate, showing that
Obama was born in Hawaii on Aug. 4, 1961, is a fake. 

But state officials in Hawaii say they checked health department records and
have determined there's no doubt Obama was born in Hawaii. 

The nonpartisan Web site Factcheck.org examined the original document and
said it does have a raised seal and the usual evidence of a genuine
document. 

In addition, Factcheck.org reproduced an announcement of Obama's birth,
including his parents' address in Honolulu, that was published in the
Honolulu Advertiser on Aug. 13, 1961. 


Copyright 2008 The Associated Press. All rights reserved. This material may
not be published, broadcast, rewritten or redistributed.

URL: http://www.msnbc.msn.com/id/28111773/


 

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