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When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.

-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.
 -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.
 -- Mahatma Gandhi


Supreme Court distributed my case for conference of all 9 justices to be held on January 7, 2011

Posted on | December 8, 2010 | 35 Comments

No. 10-541  
Title:
Orly Taitz, Petitioner
v.
Thomas D. MacDonald, et al.
Docketed: October 25, 2010
Lower Ct: United States Court of Appeals for the Eleventh Circuit
Case Nos.: (09-15418)
Decision Date: March 15, 2010
Rehearing Denied: May 14, 2010
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~
Aug 12 2010 Petition for a writ of certiorari filed. (Response due November 24, 2010)
Nov 24 2010 Waiver of right of respondents Thomas D. MacDonald, et al. to respond filed.
Dec 8 2010 DISTRIBUTED for Conference of January 7, 2011.
 
~~Name~~~~~~~~~~ ~~~~~~~Address~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:    
Orly Taitz 29839 Santa Margarita Pkwy (949) 683-5411  (949) 683-5411
  Rancho Santa Margarita, CA  92688  
Party name: Orly Taitz
Attorneys for Respondent:    
Neal Kumar Katyal Acting Solicitor General (202) 514-2217  (202) 514-2217
Counsel of Record United States Department of Justice  
  950 Pennsylvania Avenue, N.W.  
  Washington, DC  20530-0001  
  SupremeCtBriefs@USDOJ
Party name: Thomas D. MacDonald, et al.

Comments

35 Responses to “Supreme Court distributed my case for conference of all 9 justices to be held on January 7, 2011”

  1. Jeffrey Doobin
    December 8th, 2010 @ 1:26 pm

    WHAT DOES THIS MEAN? DID THEY ASK FOR A RESPONSE FROM OBAMA? WHEN DO YOU COLLECT YOUR DEFAULT JUDGMENT? I HEARD THAT THE SUPREME COURT IS ILLEGAL BECAUSE OF THEIR GOLD FRINGED FLAGS, IS THIS TRUE? DO YOU PLAN ON TAKING THIS TO THE HAGUE NEXT, WE NEED THEM TO STOP THIS USURPING OF OUR SOVEREIGN NATION.

  2. Alec
    December 8th, 2010 @ 1:57 pm

    Let me see if I have this right. If all 9 justices vote on the petition, then we may expect the vote to likely be the same as with Mario Apuzzo’s recent Writ of Certiorari. Denied. Then Sotomayor and Kagan get to remain on the court. If these Obama appointees were to recuse themselves due to conflict of interest, the remaining 7 justices would vote and we might expect the writ to be granted. Then the Supreme Court would move forward with the case, and order discovery. Then Obama would be shown to be ineligible (among other things). Then the Sotomayor and Kagan appointments would be invalidated and the incoming president would appoint two justices to fill these positions. Is this correct?
    Again, quote from Apuzzo’s site:
    “The U.S. Supreme Court orders were posted at 10:00 a.m. on 29 Nov 2010. See below. Certiorari for our case was denied. The two justices appointed by Obama who in my opinion had a direct financial conflict of interest (their very jobs and appointments to the court) in the outcome of this petition and case did not recuse themselves even though they should have! Their recusal was called for in our petition on page 36 with the relevant U.S. Code cited. The two justices and the court ignored that. There were recusals declared by these two Obama appointees in many other petitions including the one immediately before our petition in the orders list and the one immediately after. Imo, apparently the court needed all nine justices in the room to kill the petition. With the full court of 9 justices it’s the rule/vote of 4 to grant certiorari to move the case forward. With two recusals that would have left only 7 justices and it’s then the rule/vote of 3 to grant certiorari to move the case forward. I suspect the water cooler buzz at SCOTUS was that 3 justices were leaning for granting certiorari. So it looks like Sotomayer and Kagan ignored ethical considerations and stayed in the review of the petition to be sure it got killed, i.e., to be in that room to argue against Certiorari, and to require 4 votes to grant cert instead of 3 … financial conflict of interest and ethics be damned by those two justices. JMHO.”

  3. Politijabber
    December 8th, 2010 @ 3:33 pm

    Which three of the Justices voted to grant cert, and given that the voting was conducted behind closec doors in conference, how is it that you know this?

  4. Veritas
    December 8th, 2010 @ 5:43 pm

    Orthodox Christmas

    (Gregorian Calendar JANUARY 7 which is JULIAN calendar Dec 25)

    HOW PROPITIOUS!

    Now THIS would be QUITE THE GIFT for the FEAST OF THE NATIVITY!

    Pozdrevlyayu s prazdnikom Rozhdestva i s Novim Godom

  5. Jack Raisman
    December 9th, 2010 @ 5:05 am

    “McCann v. Greenway (WD Mo 1997) 952 F.Supp 647 (“Jurisdiction is a matter of law, statute, and constitution, not a child’s game wherein one’s power is magnified or diminished by the display of some magic talisman.” and quoting the 34 Op. US Atty-Gen 483 [1925] that “In flag manufacture a fringe is not considered to be a part of the flag and it is without heraldic significance.” and citing most other published court cases on this topic).”

  6. Chito
    December 9th, 2010 @ 5:35 am

    Alec has a point. Well, we just have to hope and pray for the best but expect the worst.
    For those with Russian culture like we do, we have the Western Christmas to celebrate on Dec 25 and Russian Christmas on Jan 7.
    Isaiah 9:6 “And his name is called Pele-joez-el-gibbor-Abi-ad-sar-shalom.”

  7. Ed
    December 9th, 2010 @ 5:40 am

    Veritas,”HOW PROPITIOUS!Now THIS would be QUITE THE GIFT for the FEAST OF THE NATIVITY!”

    Yes indeed!!! 🙂

  8. Alec
    December 9th, 2010 @ 7:58 am

    Are Justices Sotomayor and Kagan in violation of law if they do not recuse themselves from the hearing? Not only is there a conflict of interest, but Justice Kagan has had a long association with Obama and served as Solicitor General.
    28 USC 455 – Sec. 455. Disqualification of justice, judge, or magistrate judge
    (a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judge’s knowledge likely to be a material witness in the proceeding.

    Quoted from Mario Apuzzo’s Writ of Centoriari:
    “VI. Justice Sonia Sotomayor and Justice Elena
    Kagan should recuse themselves from having any
    involvement in this case. We respectfully request that pursuant to 28 U.S.C. Sec. 455(a) and (b)(4), Justice Sonia Sotomayor and Justice Elena Kagan should recuse themselves from having any involvement or deciding any issues in petitioners’ petition to the Supreme Court in which they are challenging the legitimacy of putative President Obama, the government official who appointed them to their offices. The validity of their appointments can be questioned should Mr. Obama be found not eligible to be president which could cause them to lose their appointment in which they have a financial interest.”

  9. tony
    December 9th, 2010 @ 8:48 am

    Dr. Taitz,
    I read Obama’s face.
    He looks very upset the last 3-4 days.
    That may be b/c of the Tax Issue compromise.

    I suspect It may also be due to your writ of centori at SCOTUS.

    Obama has two spies on SCOTUS.
    He already knows if Roberts has his 5 votes
    Kick Obama out of office.

    Keep watching Obama’s demeanor.

    If he smiles all the time no 5 votes.
    If he is stressed and grouchy, he is toast.

    Tony

  10. heho
    December 9th, 2010 @ 11:24 am

    ..and no, Alec, you don’t have that straight…..nothing the president has done, even if it were to be proven he was born on Saturn, would be nullified ex post facto, including supreme court justices he has picked, and his health care proposal…et al…..it’s easy to find these facts out with a bare modicum of critical thinking skills.

  11. Leonard McCauley
    December 9th, 2010 @ 12:35 pm

    This last 2 yrs. of Felony Treason by the U.S.Supreme Court and Federal Judges at all levels, has left me with very little faith in the Federal Justice (Legal) System. If any faith at all. Shameful

  12. Yephora
    December 9th, 2010 @ 12:48 pm

    Happy New Year indeed!!

  13. Veritas
    December 9th, 2010 @ 6:34 pm

    Wouldn’t it be protocol for Mesdames Kagan and Sotomayor to RECUSE themselves? Their jobs are in jeopardy I should think if the De Facto Potus is just a sham. They would have a vested interest in deciding AGAINST YOUR PETITION wouldn’t they? It seems all a tad déclassé.

  14. Ron
    December 9th, 2010 @ 8:50 pm

    Orly,
    Great job I only can hope something will come of this not just lip service. I wrote BOTH of my senators and asked them to help make sure nothing goes wrong. Thank You for all you do.

  15. Phil
    December 10th, 2010 @ 1:03 am

    Hmmm…interesting! But let’s not give up hope here! Remember, the Supremes may feel better, once the New Year gets here? As it also is scheduled for the 7th of Jan.! And maybe, prayer can bring about a very “Profound Miracle!”

    Do not give up! Until we’re all dead, we have a chance to “re-claim” our Constitution! Indeed…Pray, Patriots, Pray! And Pray that The Almighty will bring a “Miracle” to America!
    And why is it that the rest of the Supremes “can’t” recuse the newest members on this case Orly has brought before them? Why would they allow them to “site on the court” knowing that the other (2) should NOT be there for this case? Wouldn’t Roberts be the one to ask them to leave? Isn’t there a (rule) or (law) that would allow the Head of the Supremes/other members to ask them to “sit this one out?”

    As after the first of the year, it might make a difference? Keep Praying, Patriots and NEVER STOP, until we win this! And then, consider at least (1) Prayer each day from then on, to maintain vigilance!

    Davey Crockett…

  16. Michael-Is-Great
    December 10th, 2010 @ 6:18 am

    Orly, thank you for your fight for justice in the supposed land of justice and of freedom, the USA!

    However, concerning Obama, I am afraid that you are back to Russia’s evil judicial system! Why? Most of the judges of the Supreme Court act not based on justice and law but they act only based on their political inclination concerning Obama’s lack of eligibility to be a president of the USA, as he is not a natural born citizen. Obama even recently added two new Supreme Court judges who do not even withdraw their participation when a case related to Obama appears at the Supreme Court!!
    The case in point is the recent case by Mr. Apuzzo that was heard and rejected by the Supreme Court.

    Here is what I posted on Mr. Apuzzo’s web site at https://www.blogger.com/comment.g?blogID=7466841558189356289&postID=4707078045561681569 following the hearing of his case at the Supreme Court, case that was completely unfairly rejected!
    ——–Mr. Apuzzo, I would like to address these comments to you personally.

    I sent on this comments page two postings so far. In one of these two, I clearly explained that the legal path is a dead end and that we now have to find a plan of action outside of the legal arena so that we might still find a way to fully protect and upheld the sacredness of the Constitution of the USA.

    Check my comments on this comments page starting by Michael-Is-Great, especially the one starting by “You all made comments concerning this posting by Mr. Apuzzo …”.
    Then write a new article with a heading similar to the following one: “What plan of action could we adopt to still fight this case against Obama in order to upheld the Constitution of the USA?”. Then, summarize the main ideas that you have along with the ones that I have proposed and let us all move forward to a fight we can win (not to a dead end with dishonest judges at the Supreme Court of the USA!).

    Unfortunately, the fight in court is a lost cause as you have proven by your recent case at the Supreme Court.
    THERE IS A NEED TO MOVE FORWARD WITH A CONCRETE PLAN OF ACTION TO STILL FIGHT THIS CAUSE BUT THROUGH OTHER AVENUES: GP REPRESENTATIVES AND SENATORS, ETC.

    Most, if not all, GOP senators and representatives should be able to understand that to be eligible to be president of the USA, THE PRESIDENT OF THE USA MUST BE A NATURAL BORN CITIZEN. And TO BE A NATURAL BORN CITIZEN, THE PRESIDENT OF THE USA MUST:
    1) BE AMERICAN HIMSELF.
    2) BOTH PARENTS OF THE PRESIDENT OF THE USA MUST BE AMERICAN.
    AS OBAMA’S FATHER WAS NEVER AN AMERICAN, OBAMA IS NOT A NATURAL BORN CITIZEN AND THEREFORE OBAMA IS NOT ENTITLED TO BE PRESIDENT OF THE USA, IRRESPECTIVE OF THE VOTES HE WON FOR THIS POSITION. END OF THE STORY. More information should be obtained from the articles you already wrote on this matter.
    This simple explanation to any GOP representative and senator should convince them to adopt a plan of action to remove Obama from office based on the Constitution of the USA.

    NOW IS THE TIME TO ACT AND JUST DO IT!
    CONTACT GOP REPRESENTATIVES AND SENATORS AND GIVE THEM THIS EXPLANATION. REFER THEM TO THE ARTICLES ON THIS SITE. AND ASK THEM TO ADOPT A PLAN OF ACTION ON THIS MATTER TO REMOVE OBAMA FROM OFFICE. NOTHING LESS.
    AND AS SOON AS POSSIBLE!!! WE HAVE ALREADY LOST TOO MUCH TIME THROUGH THE DEAD END WITH THE LEGAL AVENUE!

    December 4, 2010 6:34 PM
    ———————-

  17. D. Oltieri
    December 10th, 2010 @ 7:23 am

    Dear Dr Orly.

    Thank you for your continuing crusade! We all really appreciate your refusal to give in.

    Dr Orly, is there a reason why you let Obots post here?

    They continuously try to undermine you. They have no shame!!!

  18. turnright
    December 10th, 2010 @ 12:03 pm

    Yo hey heho,

    “… nothing the president has done… would be nullified ex post facto… it’s easy to find these facts out with a bare modicum of critical thinking skills.”

    Like why you don’t help us out here, man? Why don’t you park some of your “bare modicum” on us and lift us into ecstasy over what a brilliant critical thinker you are?

  19. Starla
    December 10th, 2010 @ 2:59 pm

    QUICKLY!! WAKE UP!! ALL AMERICAN CITIZENS, QUICKLY!! WAKE UP!!

    HERE IS MORE EVIDENCE OF THE MASSIVE & UNPRECEDENTED DAILY SERIAL HIGH CRIMES & HIGH TREASONS THE FOREIGN TERRORIST USURPER BARRY SOETORO SOEBARKAH ALIAS BARACK OBAMA IS COMMITTING IN THE USA – THAT CRY OUT & DEMAND THE IMMEDIATE ARREST & IMMEDIATE REMOVAL OF THIS DAILY SERIAL CRIMINAL CON-MAN, 100% CONSTANT LIAR TAQIYYA PRACTICING RADICAL ISLAMIC MUSLIM JIHADIST TERRORIST, 100% KENYAN BORN RADICAL COMMUNIST, MARXIST, FASCIST, & THE 100% ILLEGAL ALIEN FOREIGN TERRORIST USURPER, BARRY SOETORO SOEBARKAH!!
    (ALIAS BARACK HUSSEIN OBAMA II):

    A Comment From:

    “FIVE DAYS TO INFAMY”

    https://drkatesview.wordpress.com/2010/12/10/five-days-to-infamy/

    “tfb
    December 10, 2010 at 1:37 am

    WIKILEAKED: OBAMA HELPING DARFUR GENOCIDE (no, not fighting it, helping the islamists!)

    https://atlasshrugs2000.typepad.com/atlas_shrugs/2010/12/wikileaked-obama-tried-to-stop-kenya-passing-armaments-to-besieged-south-sudanese.html

  20. Elliot
    December 10th, 2010 @ 3:37 pm

    In the Supreme Court, each justice decides for himself or herself when to recuse. Neither Chief Justice Roberts nor the Court as a whole can force another justice to recuse.

  21. Paul Jackson
    December 10th, 2010 @ 4:46 pm

    turnright – a bare minimum of research (and you don’t have to be an attorney to do it) would turn up the same facts heho posted.

    And D. Oliteri, why is it at every conservative site I visit conservatives are afraid of “Obots” posting there? Sure, there are some who only want to disrupt the site, but not all. And just because someone like “heho” posts facts (and they are facts) why does that make them an Obot?

    Are we, as conservatives, with all our brave talk and everything we’ve accomplished in the recent past, not strong enough to defend our position against those who do not post facts or at least have a meaningful discourse? Are we not strong and honest enough to do a little legwork and research to test whether what’s posted is fact and admit it?

    I think we’ll go a lot farther in obtaining our goals in that way rather than posting and listening only to ourselves. Just one person’s opinion of course.

  22. Birdy
    December 11th, 2010 @ 7:30 am

    A person who is constitutionally ineligible to be President can never be President. No election or action by Congress can change that. If Obama is constitutionally ineligible, then the US has been operating without a President since January 20, 2009. If Obama is not the President, then Kagan and Sotomayor are not Supreme Court justices. The de facto officer doctrine does not apply here.

    Sotomayor an Kagan are required by USC 455(a) and (b)(4) to recuse themselves. If they don’t, they are violating the law. They violated the law in participating in the conference on Kirchner v. Obama. I agree with CMDR Kerchner that they did this to keep the vote needed to approve the request for a Writ of Certiorari at 4 instead of 3 in order to protect their positions on the Supreme Court.

    This leads one to ask the questions – what do they know about Obama and why are they afraid to have this brought out in court?

  23. Starla
    December 11th, 2010 @ 11:19 am
  24. bob strauss
    December 11th, 2010 @ 2:20 pm

    This is from Citizen Wells, may be of interest.

    Ted | December 11, 2010 at 4:00 pm |

    IMPORTANT ANALYSIS:

    The Supreme Court’s denial of certiorari on lack of standing in the Kerchner case, coming after the multitude of no-standing cases, essentially confirms that the SCOTUS will not extend Marbury v Madison to review alleged Congressional deriliction under the Constitution, as opposed to alleged Congressional legislative infringement under the Constitution. That’s what Kerchner really means in legal terms — the Court defers to Congress on Const. Art 2, Sec 1.

    This does, however, set the stage for the House of Representatives (first at the Armed Services Committee) to review the upcoming Lt.Col. Lakin Court Martial in the event the Lakin Military Tribunal refuses discovery. In essence, the Congress WILL undertake discovery.

    And so THAT is how things will end for Mr. Obama, and very well could lead to new House Speaker John Boehner becoming either the 45th President of the United States (or the 44th POTUS if Obama’s ‘presidency’ were nullified, which POTUS nullification the SCOTUS felt it simply could not undertake as an extension of Marbury v Madison).

  25. turnright
    December 11th, 2010 @ 10:47 pm

    Bob Strauss at #26:

    But would the presidency jump to Boehner? Biden was on the ticket, not as a post Electoral College appointment by a fake president. He was decided on by the College as a result of pre-election, pre-College activities. If it can be reasonably shown that he knew what was going on with Obama’s inelligibility, either before or after the election, then he could face impeachment of course, for continuing the lie after assumig office.

    A real plus in all this is that Hillary could likely be finnished for 2012. When discovery is ‘taken’ in Lakin by the House, and Oposter is officially found to be such, Hillary, being an appointee of a non-president, will be forced out of office as SOS.

    And then, when it is realized that the Hilly/Billy team knew from the get-go that Oposter was fake… Billy indicated such at an airport interview during the ’08 primary, when he said “I don’t begrudge any Natural Born Citizen running for president”… Hilly will be seen for what she is: part of the cover-up.

    And the Red Queen’s off with her head.”

  26. Alec
    December 12th, 2010 @ 9:01 am

    The U.S. Constitution provides that should the president for any reason becomes unable to discharge the duties of the office, the “powers and duties” of the office are transferred to the Vice President. In this unusual situation, we have not had a president since January 20, 2009, the day that Obama flubbed the one-sentence oath. Electors are pledged to vote for a particular presidential and vice presidential candidate (offered by the same political party). So, while the Constitution says that the President and Vice President are chosen separately, in practice they are chosen together. The DNC TICKET was fraudulent (as shown by removal of the constitutional eligibility clause from Pelosi’s sworn certification to the secretaries of the states, for example see https://www.canadafreepress.com/index.php/article/15127) and Biden was on the fraudulent ticket (https://www.canadafreepress.com/2009/williams091209.htm), so he cannot assume the presidency unless we are to open an entire new chapter in this constitutional crisis. Biden is VP by fraud.

  27. bob strauss
    December 12th, 2010 @ 11:26 am

    But would the presidency jump to Boehner? Biden was on the ticket, not as a post Electoral College appointment by a fake president. He was decided on by the College as a result of pre-election, pre-College activities. If it can be reasonably shown that he knew what was going on with Obama’s inelligibility, either before or after the election, then he could face impeachment of course, for continuing the lie after assumig office.

    turnright,you will have to ask “Ted”, but my thinking is, it was a fraudulent ticket, Obama/Biden, since Obama entered the race for president under fraudulent means.The fraud picked Biden as his running mate, the fraud had no right to do so, he was never eligible to be on the ticket.

  28. Alec
    December 12th, 2010 @ 12:03 pm

    Very strange. The first link in comment 28 above should take you to an article entitled “DNC Failed to Certify Obama as Eligible in MOST States!” Instead it misdirects you to an article about climate. Here is the link again:
    https://www.canadafreepress.com/index.php/article/15127
    Maybe it will work this time.

  29. turnright
    December 12th, 2010 @ 8:22 pm

    Starl at #31:

    Good stuff… dyn-O-mite.

    Where is Julian Assange when the country could really use him?

  30. Phil
    December 13th, 2010 @ 4:02 am

    Orly:…I am in agreement with (Birdy)! This poster gives me “pause to ponder”…if that is true about the proper ethics that should’ve been used by Soto & Kagan, then they should’ve followed the “law” and recused themselves! And how can the others allow this? Funny how (all of us) have the follow the law about something, but these 2 get a “free pass” as they aid and abett the “treason” in America!

    Also, here’s a site that would give everyone a very good look at the one (1) person that is pretty much responsible for the present climate of treason going on! And this site is directed by a (Ret.) military general, who is a very great Patriot! Read this and then, decide who is the more “responsible Head” of our present predicament?

    https://standupamericaus.com/who-is-george-soros:35062

    And Orly, this site DOES HAVE the info that I thought I couldn’t find in some of the others that I tried to post! The “veil” has been lifted!

    Keep praying, Patriots!
    Davey Crockett…

  31. Stephen
    December 13th, 2010 @ 10:52 am

    A ‘Cabbage Patch’ doll has more documentation than Obama! At least a ‘Cabbage Patch’ doll has a birth certificate!

  32. Starla
    December 13th, 2010 @ 11:38 am

    BREAKING: VIRGINIA JUDGE RULES OBAMACARE UNCONSTITUTIONAL

    Posted by Jim Hoft on Monday, December 13, 2010, 11:10 AM

    “U.S. District Court Judge Henry E. Hudson ruled today that the Constitution’s commerce clause prevents the federal government from requiring individuals to purchase health insurance.

    Legal observers say Hudson, a President George W. Bush appointee, ruled against the Obama administration in the lawsuit filed by Virginia Attorney General Ken Cuccinell.”

    https://gatewaypundit.rightnetwork.com/2010/12/breaking-virginia-judge-rules-obamacare-unconstitutional/

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