Suit contesting President Elect's citizenship heads to U.S. Supreme Court Friday

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Suit contesting President Elect's citizenship heads to U.S. Supreme Court Friday

(UPDATE: The Supreme Court had issued no statement on its discussions by the close of business Friday.)

CHICAGO (NBC) - On Friday, the U.S. Supreme Court will consider whether to take up a lawsuit challenging President-Elect Barack Obama's U.S. citizenship, a continuation of a New Jersey case embraced by some opponents of Obama's election.

The meeting of justices will coincide with a vigil by the filer's supporters in Washington on the steps of the nation's highest court.

The suit originally sought to stay the election, and was filed on behalf of Leo Donofrio against New Jersey Secretary of State Nina Mitchell Wells.

Legal experts say the appeal has little chance of succeeding, despite appearing on the court's schedule. Legal records show it is only the tip of an iceberg of nationwide efforts seeking to derail Obama's election over accusations that he either wasn't born a U.S. citizen or that he later renounced his citizenship in Indonesia.

A New York man spent "tens of thousands of dollars" in Chicago newspaper advertising this week to convince people that President-elect Barack Obama is not a natural-born citizen of the United States.

Ads placed by the “We The People Foundation” repeated allegations heard throughout the campaign challenging Obama's citizenship.

The Chicago Tribune, which ran the ads, reported Wednesday that the Obama campaign provided the paper with a copy of the president-elect's birth certificate, but still, the paper said, "some critics remain dubious."

The Obama campaign has maintained that he was born in Hawaii, has an authentic birth certificate, and is a "natural-born" U.S. citizen. Hawaiian officials agree.

Among others filing lawsuits is Alan Keyes, who lost to Obama in the 2004 Illinois Senate race. Keyes' suit seeks to halt certification of votes in California. Another suit by a Kentucky man seeks to have a federal judge review Obama's original birth certificate, which Hawaiian officials say is locked in a state vault.

The most famous case questioning Obama's citizenship was filed in Pennsylvania in August on behalf of Philip J. Berg and sought to enjoin the Democratic National Committee from nominating Obama.

The U.S. Supreme Court declined to accept the case. Earlier, a federal judge rejected it for "lack of standing"—ruling that Berg had no legal right to sue. In cases like this, judges sometimes believe the matter is best left to political institutions, such as the Electoral College or Congress, said legal scholar Eugene Volokh of the University of California at Los Angeles.

The remaining case with the highest profile is Donofrio vs. Wells. Because it was distributed by Supreme Court Justice Clarence Thomas to other justices for conference, it gained undue importance for people unschooled in how the court works, Volokh said.

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Wednesday, Dec 10 at 9:40 PM NOBOMA wrote ...

This also questions Obama's duel-citizenship. That alone if proven will take him out of office...President or not! Let this scheme of a man be put to rest behind bars! It's all comming out in the wash and so much more from so many different angles.

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Saturday, Dec 6 at 11:39 PM AmyandDavid wrote ...

I would have thought this all would've been settled before the Democratic Party decided to put Obama in the running for the presidency. If there was ANY question regarding his citizenship, I'm sure it would've been brought to light long before now. I mean, come on! What a better way for McCain to have "cinched" his way to the White House than to bring allegations that Obama doesn't have a valid U.S. citizenship. What is this guy hoping to gain or get out of this lawsuit? He's just a sore loser.

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Friday, Dec 5 at 7:02 PM Kgoetz wrote ...

Obama is to lead an example--Get a back bone and speak up--tell the truth. To go to Harvard, He's received foreign aid. He's lied, cheated, unloyal-undeserving of his presidnecy. THis unloyality, dishonest shows his lack of character. On top of his lies & laziness--he's extreme arrogant!!! Hope he gets booted.

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Friday, Dec 5 at 11:22 AM Bless President Elect Obama! wrote ...

It seems that we are fighting among ourselves over an issue that has been put to bed long before he was elected. We say we have faith in our government, surely we would not have allowed someone to run for office prior to doing due diligence. Why waste the peoples time and effort to put someone in office that was not legally qualified to do so... What gives this law suit merit. Nothing. It's degrading and shameful for all the men and woman who worked to ensure all laws had been followed.

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Thursday, Dec 4 at 6:42 PM thalightguy wrote ...

John Jay to George Washington John Jay July 25, 1787 New York 25 July 1787 Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expresly that the Command in chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen.

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Thursday, Dec 4 at 6:41 PM thalightguy wrote ...

I am ashamed of your style of reporting. You make it sound as though Mr. Donofrio's case is based on Mr. Obama's birth certificate, it is not. Mr. Donofrio concedes Mr. Obama was born in Hawaii. He argues, however, that Mr. Obama was a British citizen due to his father's British citizenship. Do you know who John Jay was he was the first supreme court justice continued

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Thursday, Dec 4 at 5:29 PM Jim Congable wrote ...

This case is not questioning Mr. Obama's citizenship. It is stating that he is not a "natural born citizen", which is the requirement to be President. His own web site indicates he has British citizenship through his father. This means he is not Natural born in the Constitutional sense. There are other circumstances surrounding Mr. Obama that cause one to question being born in Hawaii, like his sister was born in Indonesia and has the same Certification of Live Birth that was on Obama's site.

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