This is something that just won’t go away. Attorney Leo Donofrio took the matter to the state Supreme Court in New Jersey, and they told him to pound sand. He took the matter to Supreme Court Justice Souter, and he told him to take a hike.
He filed it with Justice Clarence Thomas, and he said, “All right.”
Thomas’s actions were rare because, by custom, when a justice rejects a petition from his own circuit, the matter is dead. Even if, as can be the case under Rule 22, the matter can be submitted to another justice for consideration, that justice out of respect, will reject it also, said Trevor Morrison, a professor of law at Columbia University School of Law.
Morrison said that Thomas’s actions are once in a decade. “When that does happen, the case has to be of an extraordinary nature and this does not fit that circumstance,” he said. “My guess would be that Thomas accepted the case so it would go before the conference where it will likely be denied. If Thomas denied the petition, then Donofrio would be free to go to the other justices for their consideration. “This way, I would guess, the matter would be done with. Petitions of Donofrio’s types are hardly ever granted.”
Donofrio is using the precedent of Gore v. Bush to try delay the December 15 Electoral College proceedings, which would certify Obama as the 44th President of the United States.
I would be surprised if this case goes anywhere, but I predict it is going to plague Obama during his presidency like the far left’s claims that Bush was “selected, not elected.”
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