The Honorable Justice Clarence Thomas, apponited by President George HW Bush in 1991, seems to think that, at least on its face, that the citizenship questions hovering over Barack Obama, should at least be reviewed.

     Procedurally, both the Leo Donofrio case (against the NJ Secretary of State) and the Philip Berg case (against Obama and the DNC) were submitted to the Supreme Court Justice responsible for the circuit they lie in, which, in both cases, fell to Justice Souter. As we are all aware, Justice Souter denied the writs for emergency stays.

     Historically, they would have been the end of it. Although the Rules of Procedure permit the case to be resubmitted at that point to “any” of the Justices, rare is the occasion that another Justice moves the case to the conference agenda for discussion, out of a basic respect for the original Justice.

      Justice Thomas may believe that the matter should be heard, or he may have done this as a means of getting the Justices en masse to deny Donofrio’s case. Either way, his action is rare among the Justices.

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