December 8, 2008 - 16:33

Suit over Obama's citizenship still active while SCOTUS rejects another

The group behind a suit in California Superior Court that questions Barack Obama's eligibility to be president said its push is ongoing, and added that rejection Monday by the U.S. Supreme Court of a similar suit was not of concern.

Tom Hoefling, chairman of the American Independent Party, said in an e-mail that a hearing for the suit, official filed by the party's presidential candidate, Alan Keyes, will be scheduled soon in Sacramento.

The suit contends that Obama has not provided ample proof of being born in the United States and so should not be allowed to serve as president. More specifically, the suit asks that electoral votes that would be cast for Obama be stopped from doing so until the issue is resolved.

On Monday, the U.S. Supreme Court rejected without comment an unrelated suit brought by New Jersey voter Leo Donofrio, who contended Obama was not constitutionally eligible to serve as president.

The court has a pending appeal with the same allegation made by Pennsylvania attorney Phillip Berg. All three suits appear to be unrelated to each other, and others have been filed in various courts around the country.

"The refusal of the SCOTUS to hear the Donofrio case has no direct effect on this case," Hoefling said in his e-mail. "They are two very different cases."

Independent fact-checking organizations investigated the birthplace claims during the presidential campaign and determined that Obama's birthplace was in Hawaii, as his campaign contended.

Electors from California are scheduled to make their formal vote next Monday in Sacramento.

ELSEWHERE on PolitickerCA.com:

Ben van der Meer is a PolitickerCA.com Senior Reporter and can be reached via email at noreply@politicker.com.

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