Here’s a comment that appeared on The Free Republic forum:
Undoubtedly, the walls are closing in on Obama. Reed Hayes will serve as an unimpeachable witness before Roy Moore’s Alabama Supreme Court and from there the United States Supreme Court will have no options but to declare Obama ineligible.
With Roy Moore on our side and the fact that both of Obama’s appointments to the Supreme Court and the others appointed by Clinton will have to recuse themselves from the case, the outcome is certain.
I was wondering exactly what case is before the US Supreme Court, is going to be. The Alabama Supreme Court is going to decide a narrow question of whether the Alabama Secretary of State does nor does not have an obligation to verify eligibility of candidates for office. The Republican secretary of state says “no.” The original trial court and the court of appeals have said “no.” And they are certainly not going to hear any testimony from anybody.
How is this going to make any difference to Obama. Even if the case went to the U. S. Supreme Court (and I find it hard to believe that a case solely involving Alabama law would be taken up by the U. S. Supreme Court, even if someone appealed it there, and the only way it would get appealed to the U. S. Supreme Court, it seems to me, would be if the birthers LOST at the Alabama Supreme Court headed by Roy Moore.
There’s no rule at the U. S. Supreme Court requiring any justice to recuse themselves; it’s solely a personal decision. Given that there are not any justices on the Supreme Court showing signs of dementia, recusals won’t help. In fact, there has been no report that any U. S. Supreme Court justice has the slightest interest in hearing a birther case, and certainly none of the cases have been selected to be heard.
Birthers are such irrational optimists.
I left this comment for the Freepers; we’ll if it actually appears.
Some confusion there. First, the Alabama Supreme Court is not going to hear any witnesses. Appellate courts don’t do that; they decide questions of law.
The question of law before the Alabama Supreme Court is whether or not the Alabaman Secretary of State Chapman has a duty to investigate the eligibility of candidates for office in Alabama. Chapman says she doesn’t, and the original trial court and a court of appeal agreed. The question of Obama’s eligibility is not before the Alabama Supreme Court, despite attempts to argue that in plaintiffs’ briefs and the amicus brief from the Alabama Democratic Party.
The only way this goes to the US Supreme Court is if McInnish LOSES (your hopes in Roy Moore notwithstanding) and the Alabama Supreme Court affirms that Chapman had no duty to investigate candidates. McInnish could appeal but if he can’t win in Alabama with Roy Moore on the bench, how could you expect him to win before the US Supreme Court?
It is hard to see how the US Supreme Court would hear a case from Alabama that is solely a matter of Alabama law. And even if it were an eligibility case, the Supreme Court has declined on multiple cases to hear them.
As for recusal, and I presume you meant Obama’s appointees and not Clinton’s, there’s no rule that says that any Supreme Court justice has to recuse themselves for any reason. It’s their personal choice. [See update below]
I would suggest that you not be overly optimistic about this lawsuit, which I predict will fare no better than the 200-odd others lost plowing the same ground.
There actually is a statute about the recusal of federal judges, 28 U.S.C. 455. The problem with applying that statute to the Supreme Court in this case is that there is no higher court to enforce it, basically leaving the decision to the individual justice as I said. Generally, however, justices are not beholden to the president that appointed them, and so this is not a cause for recusal. The Supreme Court decides cases all the time where the administration or the President is a party, and justices do not recuse themselves in those cases.