** Update Below **
On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being “natural born citizens” as enumerated in Article 1, Section 2, of the US Constitution.
Leo Donofrio has an appeal in the US Supreme Court of his lawsuit against Connecticut Secretary of State
Nina Wells.
Today, Friday, December 5, 2008, there is no official word whether the nine justices of the US Supreme Court have decided on the case. Here is an update from Jeff Schreiber:
“UPDATE, 5:45pm:Several people are saying that, because Donofrio’s case was not among the release showing two cases for which certiorari were granted, his stay-as-petition-for-cert was denied. Even the law blog at The Wall Street Journal is reporting as such. While I cannot say whether or not it was denied, as much as I think it probably was, nothing I have seen so far–including the order list distributed today–suggests 100 percent that it was either granted or denied.
Perhaps I’m missing something, but I cannot find anything that conclusively points toward denial. I’m guessing that, absent evidence to the contrary, people are simply taking sides according to the odds.
Absent another miscellaneous order showing that the Justices granted Donofrio’s petition, not likely to come at this hour, we’ll just have to wait until Monday or Tuesday for the full list of orders.
Monday, remember, is the press conference at the National Press Club. I may try to go, should I be able to shuffle some work around and decide to petition the Court for a stay with regard to studying for exams. We’ll see.
Furthermore, I just saw Wolf Blitzer on CNN do a three- or four-minute segment on Donofrio’s case. Of course, it was painted as you would expect it to be but, at this point, any focus on the constitutional aspects of this issue is good. The only thing, however, is that I wish that the underlying motivation behind these legal actions would not necessarily be depicted as so much anti-Obama as pro-Constitution.”
Read more from Jeff Schreiber here:
US Supreme Court Docket record this morning:
| No. 08A407 | ||||
| Title: |
|
|||
| Docketed: | ||||
| Lower Ct: | Supreme Court of New Jersey |
| Case Nos.: | (AM-0153-08T2 at the New Jersey Appellate Division without a docket number) |
| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 3 2008 | Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter. |
| Nov 6 2008 | Application (08A407) denied by Justice Souter. |
| Nov 14 2008 | Application (08A407) refiled and submitted to Justice Thomas. |
| Nov 19 2008 | DISTRIBUTED for Conference of December 5, 2008. |
| Nov 19 2008 | Application (08A407) referred to the Court by Justice Thomas. |
| Nov 26 2008 | Supplemental brief of applicant Leo C. Donofrio filed. (Distributed) |
| Dec 1 2008 | Letter from applicant dated November 22, 2008, received. |
| ~~Name~~~~~~~~~~~~~~~~~~~~~ | ~~~~~~~Address~~~~~~~~~~~~~~~~~~ | ~~Phone~~~ |
| Attorneys for Petitioner: | ||
| Leo C. Donofrio | P.O. Box 93 | |
| East Brunswick, NJ 08816 | ||
| Party name: Leo C. Donofrio | ||
** Update **
I have just been notified that Dr. Taitz confirmed that the Supremes weren’t making a decision until 10am Monday.
Citizen WElls 