Method to Thomas Madness on Obama Birth Certificate

The harebrained lawsuit demanding disclosure whether President elect Barack Obama is a U.S. citizen or not was laughed out of New Jersey courts in October. A few weeks later Supreme Court Justice David Souter gave it just as short shrift. He denied a stay to get Obama removed from the ballot in that state. But that didn't end the matter. Supreme Court Justice Clarence Thomas saw to that. He took the almost never heard of step of reopening the issue by agreeing to put the matter to a conference vote. Thomas's ridiculous lone wolf effort to arm twist the justices to examine the birth certificate issue made no sense to most legal experts. Obama was born in Hawaii. And he has produced more than enough evidence to back that up.

But Thomas's legal meddle on the Obama birth certificate non-issue fits perfectly in with his jaundiced interpretation of law and its practice and his private vow to get revenge on his liberal tormentors. Obama is the latest would be victim. He almost certainly stirred Thomas's personal ire back in August. Obama was asked at a joint church gathering with Republican rival John McCain at the mega Saddleback church in Lake Forest, California which justice he wouldn't have nominated to the Supreme Court. He didn't hesitate. He named Thomas. And he told why.

"I don't think that he was a strong enough jurist or legal thinker at the time, for that elevation, setting aside the fact that I profoundly disagree with his interpretations of a lot of the constitution."
Even if Obama hadn't zinged Thomas publicly he still would have been in his sights. He is the polar opposite of Thomas. He's a moderate Democrat, a former civil rights attorney, and community organizer. He backs expanded government, affirmative action, abortion rights, a severely restricted use of the death penalty, and to the absolute horror of Thomas and hard line conservatives, he backs a broader interpretation of legal precepts.

Obama almost certainly would have joined the swollen chorus of civil rights and civil liberties groups that pounded Thomas during his High Court confirmation fight in 1991 for his anti-affirmative action, anti-abortion, and anti-prisoner rights views. The Senate confirmed him by the narrowest vote of any high court judge in recent confirmation history. The rebuke stung deeply, and Thomas didn't forget or forgive. In an American Enterprise Institute lecture in 2001, he wrapped himself in the martyr's garment and said that he expected to be treated badly for challenging liberal opinion.
When asked how long he'd stay on the court, he reportedly said that he'd stay there for next 43 years of his life. He was 43 at the time. In a more revealing aside, he supposedly quipped to friends that it would take him that long to get even. Whether that was hyperbole or an apocryphal tale, it hasn't taken him 43 years to wreak his revenge.

He has been a one man wrecking crew to expunge race from law and public policy decisions. But this is not simply one man's personal bitterness over his alleged mistreatment by liberals and civil rights leaders. Nor is it a case of Thomas digging his heels in to push his retrograde view on legal matters. He wants more judges to think and act like him on the bench. Obama has made it clear not only that he would not appoint another Thomas to the High Court but that the type of judges he'd appoint will be the diametric opposite of him. There's a good chance that he will have that chance, maybe two possibly three chances.

The court's liberals, Ruth Bader Ginsberg, John Paul Stevens, and Stephen Breyer, and the moderate to conservative Anthony Kennedy are in their seventies. Obama will likely pick likeminded judicially philosophical judges to replace one or more of them. This will decisively thwart Thomas and the conservative's on the court's counter revolution. A McCain win would have insured that there would be even more justices who would likely see eye to eye with Thomas on abortion, affirmative action, the death penalty, prisoner rights, and Bush's war on terrorism orders.

That didn't happen. But federal appeals courts in future years will still deal with the sensitive issues of abortion rights, minimum mandatory sentencing, DNA testing in capital cases, the search and seizure laws, and racial profiling. Those cases will ultimately wind there way up to the Supreme Court. The High Court's rulings and dissents in these cases can permanently reshape America's legal landscape, for good or bad.

Thomas' votes on these cases are predictable. Obama's White house win insures that there won't be other justices whose votes are just as predictable and in agreement with his. Thomas butt in in the Obama birth certificate non-issue is simply a thumb nose at Obama. There is method to madness.

Earl Ofari Hutchinson is an author and political analyst. His forthcoming book is How Obama Won (Middle Passage Press, January 2009)

Comments

[PhilipTaylor]

Like handing a child a box of matches!

George Washington's parents were not born in the USA so should he have been president?

John Adam's parents were not born in the USA so should he have been president?

Should such technicalities, assuming they any merit it is minor, take the valuable time of the Supreme Court?

[UrbanRevolution]

Wonder why the Kenyan hospital hasn't produced a birth certificate... or why the grandmother hasn't produced pictures? Surely, Stanley Ann would've brought a camera to Kenya. Surely there would be pictures of an infant Obama in Kenya!!! Hmmm, but all we have is a voice recording of a woman i don't believe speaks English, saying that she was there in Kenya when he was born. Seems to me that if she knew he was born in Kenya his whole family knows and they probably don't know our laws, so why haven't more come forth?

[JoandeV]

The telephone interview that was made public is editted, leaving out the telling portion in which the interpreter finally realizes the caller (McRae) is asking about Obama Jr., not Sr., at which point the interpreter explains that Obama (Jr.) was born in Hawaii. The voice you heard wasn't his step-grandmother (that's her real relationship to him) but the voice of an uncle interpreting from Sarah Obama. McRae only confused things by interchangeably referring to Obama Sr. and Obama Jr. I mean, I would have been confused and English is my only language!

There are no pictures of Stanley Ann in Kenya because she never went there. No woman, especially one who is not wealthy, would ever consider going to a third world country to have her child, and her own parents wouldn't have allowed it.

It all comes down to what you already know...that these accusations are pure fabrication.

[Hoosierone]

Incredibly Obama has resigned as Senator from Illinois. Why did he do this? Blagojevich must reinstate Obama before January 6 or the election may be lost. The birth certificate issue isn't even that important. Any hallucination from the collective mind of one senator and one congressman will derail the election process. If the Senate and House are thrown into debate January 6 the House could select anyone they want as President. It doesn't have to be either Obama or McCain. The Senate could choose anyone they want as Vice President. If they can't come to an agreement Nancy Pelosi would become President on January 20.. Now we have 99 Senators and one of them is Ted Stevens. Better be nice to Ted.

[LeftRight]

Um..... WHAT???? If Obama is found to be unable to assume the office due to this, then BIDEN will become President on Jan 20th. Not to mention the fact that as of January 6, Ted Stevens will not be a Senator anymore, AND not to mention the fact that the SENATE is not EVER involved with selecting the PRESIDENT!

This whole post makes NO sense!

[MossyOak]

Thank you. I was wondering if I'd entered an alternate reality.

[Hoosierone]

You are correct about Ted Stevens, my mistake. The 111th Congress will begin Jan. 3 with 99 Senators and Stevens will not be there. The dissenting Senator will have to be someone else. Without action from Blagojevich, Obama will also be on the sidelines January 6. If Congress tosses out the Electoral College votes, the Senate will select a Vice President. The House of Representatives will choose a President. This is why the Supreme Court stays out of this. Congress is the ultimate judge of the Presidential election.

[Michale32086]

"Obama has not produced a copy of his original 1961 birth certificate. His campaign has produced a computer generated 2007 live birth certificate. It is not the same thing though. Obama's Kenyan grandmother claims she was present when Obama was born in Kenya. After she said this she was ordered by the Obama campaign not speak to the media again.
Mr. Philip Berg brought up some interesting facts about Obama.
Obama has not released any of his medical records. Mr. Berg believes that the reason is is because you will find Obama's birth place on his medical records.
Also, Obama has not released his college records. Mr. Berg believes you will find that Obama received foreign aid listed on his college records.
Mr. Berg wants Obama to do just one simple thing - produce a copy of his original birth certificate. Obama for some reason just won't produce it. I find this very strange.
I hope the US Supreme Court hears this. If they don't then they are not following the US Constitution. What do we have as a country when even the US Supreme Court doesn't follow the US Constitution?"

http://www.chron.com/disp/story.mpl/front/6145787.html

[LeftRight]

First, it IS the same thing! He got a new copy made of his birth certificate (which is COMPLETELY acceptable, which I can prove because MY birth certificate that I used to join the US Navy was a new generation produced first in 1995! Never mind that I was born in 1979!) and then posted a computer scan of it. Just because some people want to hold the original in their hands (which is not a reasonable request) before they can BEGIN to consider that maybe he's telling the truth.......

And second, nothing listed is anything to consider! His SCHOOL records??? Yeah, THAT'LL prove that he was born in HI......

[OneLiberalLady]

Since most of your post lacks merit it might seem picky to point to one defect, but you are completely wrong in your conclusion that assumes that if the Supreme Court fails to grant cert (accept this "case") they are "not following the Constitution." Sorry, but they get to decide what to accept. That is their role as the Supreme Court and nothing mandates them to accept anything.

[UrbanRevolution]

I can't even produce the original b.c. of my 16 year old son!!! much less my own. When we got our passports we did so with a certified reproduction from the state in which we were born. If that's good enough for the U.S. government then it should be good enuf for you!

[JoandeV]

Actually, Obama produced his medical records in March 2008. He's in fine health. I haven't checked on the college records yet, so can't answer that.

The bc Obama has produced has been verified by FactCheck.org and by WorldDailyNet, a pretty rightwing site.

Obama's (step)grandmother was being interviewed by phone by Mr. McRae. Mr. McRae editted out the part in which he asks if Obama was born in Mombassa (sic?), at which point the Obama's realize that McRae's been asking about Obama Jr., not Sr. They start saying that Obama Jr. was born in Hawaii.

[tbone99]

Given what the court was willing to do for one mans civil rights in 2000 i would not put it past them to throw a Dem out. The question is , should that happen ,will the American people continue to allow our country to be hijacked as it has been for the last 8 years?. Given that lies attacking the wrong country, robbery of the national treasure , torture and the government surveillence have all been tolerated with nary a blink of an eye I expect the answer is yes.

Will the court step in to protect Mccains' civil rights as they did GWB's ?
And does anyone else have civil rights besides corporations and their repug puppets?

[Michale32086]

It does bring up an interesting dilemma, though doesn't it?

Imagine that it is discovered that Obama was really born in Kenya....

Personally, I wouldn't really have a problem with the Courts saying, "We'll just make an exception in this case." But the GOP would go ballistic...

Michale.....

[allonfla]

They won't do that again, trust me. Most of them regret that decision and the American people would not stand for it.

[MossyOak]

And what are our options in this case? Anarchy? Riots in the streets? We already know millions of calls and letters to Congress fall on deaf ears.

[Michale32086]

@LeftRight

I am saying that anyone within any state, country or local government is not an objective or unbiased source..

The one what was released was a computer generated version of what the real one SHOULD look like. It's a far FAR cry from an "original"..

As to the rest... All I am saying is that Obama has a reputation for being a straight shooter and plowing into controversies head on and demolishing them... When he doesn't, it gives logical and rational people pause..

Ironic, though, iddn't it? Being an honest, open and transparent person CAN be a drawback. Because when you are NOT honest, open and transparent it makes people wonder...

Michale......

[LeftRight]

So who them would be an unbiased source? Michelle Malkin? The people who are bringing these lawsuits?? There are some people in govt who fail in their jobs, and are biased. But the VAST majority do their JOBS, just like the rest of the world, without regard to their own political beliefs! In fact, they likely do it BETTER, since they can be put in JAIL for disregarding the separation between their beliefs and their jobs!

And you're wrong. It was a computer SCAN of an official copy (which is ALL that you will ever get from the county clerk's office, since they are required by law to keep the original on hand!) that he got from HI, which is a valid way of proving beyond a reasonable doubt something that shouldn't have to be proven to anyone but the people legally placed in charge of determining citizenship!

[Michale32086]

We'll just have to agree to disagree regarding the BC...

But that argument doesn't work with regards to the medical records... They also could tell Obama's original birth place.

If it says Hawaii, then there shouldn't be any problem in releasing them.. Once again, I point out the fact that, by NOT releasing, Obama is intimating that there is something to hide...

Michale......

[Michale32086]

It's on record that I am a confirmed and demonstrable Obama supporter..

And I also agree that this citizenship lawsuit is laughable..

But.....

But it seems to me that PE Obama could make it all go away by releasing his early medical records and the original Birth Certificate.

Every time Obama ducks complete transparency (as he did with the Ayers issue) it simply gives fuel to the fanatical conspiracy theorists...

Surely, the more logical course of action would be to shut them up with the facts, no??

Michale.......

[LeftRight]

I'll agree with the medical records, especially since I was big on McCain and Palin for not releasing theirs. In fact, I think ANYONE running for high office should release their medical records. But as for the original BC, maybe he doesn't have it anymore. I don't have mine, as it was lost around the time that I was looking to join the US Navy. I had to write to the state of MS and request a new one from the county that I was born in. They sent me a copy, but they had changed the system in the intervening years, and the new one said that the document date was 1995. Therefore it's EXTREMELY likely that the one that Obama released is the only official copy that he has!

In addition to that, the state of HI has said that it's against the law for them to release his BC to anyone but him, BUT they have confirmed that the BC released by the Obama campaign IS his valid BC!What more do people want?

[Michale32086]

As far as I know (and I am sure you will correct me if I am wrong.. :D ) Obama's original BC is in a vault in Hawaii... It would only take a phone call from Obama to release the original for inspection..

Again, let me re-iterate that I think it's all a bunch of carp..

But, Obama DOES have the reputation (and well deserved) for being transparent and hitting problems head on as shown by his handling of the Rev Wright issue. Whenever Obama DOESN'T meet a problem head on, but rather attempts to equivocate or be ambiguous, I tend to wonder... As to many other Obama supporters, I am sure..

Michale....

[Michale32086]

}}}}}
In addition to that, the state of HI has said that it's against the law for them to release his BC to anyone but him, BUT they have confirmed that the BC released by the Obama campaign IS his valid BC!What more do people want?
{{{{{

Sorry, I missed this part..

The State Of Hawaii has a vested interest in insuring that Obama is POTUS. Bragging rights, tourism, etc etc.. Therefore any claim they make is suspect...

It would behoove the State AND Obama to have the BC verified by an independent organization..

That should satisfy most people. The ones it DOESN'T satisfy would never be satisfied anyways..

Michale.....

[structurequity]

Mr. Thomas so self-obsessed and conspiratorial by want as well as action.
One so reactive in life as to insinuate his personal foibles into the gestalt of a nation.
If he warrants and receives credibility then so goes our lief-motif.
May he be silenced by his own embarrassments...
A wish not foreseeable...

[pottery]

I couldn't agree more. That he would allow an absurd challenge to Obama's citizenship based on a notion of the parents origin is more proof of his poor judicial temperament.

Unless, this is some other absurd notion that right-wingers would like to advance to deal with immigration issues?