Birther lawsuit tossed by Kennedy
posted at 2:30 pm on December 17, 2008 by Ed Morrissey
Supreme Court Justice Anthony Kennedy rejected two appeals this afternoon challenging Barack Obama’s eligibility for the Presidency. One of the two appeals came from Philip Berg, the 9/11 conspiracy theorist who claimed that Obama was born in Kenya and that a conspiracy existed to cover up the alleged Constitutional defect to his candidacy:
Supreme Court Justice Anthony Kennedy has rejected two more efforts to get the court to consider whether President-elect Barack Obama is eligible to take office.
Kennedy on Wednesday denied without comment an appeal by Philip J. Berg, a Pennsylvania attorney, that claims Obama is either a citizen of Kenya or Indonesia and is ineligible to be president because he is not a “natural-born citizen” of the U.S. as required by the Constitution. Another appeal from California, based on Berg’s claims, also was denied.
Individual justices and the entire court have turned down emergency appeals over Obama’s eligibility at least seven times in the past six weeks.
And that puts an end to the entire farce. Berg can certainly petition another justice, perhaps Scalia or Thomas, who have both sent previous challenges to conference. However, without Kennedy, the court would almost certainly rule against the appeal, and probably couldn’t get the four votes to even grant certiorari. Sending it back to conference would do nothing but waste more time.
I’m certain that Obama didn’t stay awake nights worrying about this, and Hawaii officials have publicly attested to the accuracy of the certification Obama released in June. What will the birther industry do now? If the 9/11 Truthers give any kind of example, they’ll sell lots of books and keep the flame alive.