December 15th, 2008
11:10 AM ET
14 years ago

Supreme Court rejects appeal questioning Obama's citizenship

[cnn-photo-caption image= caption="The U.S. Supreme Court rejected a second appeal Monday challenging President-elect Barack Obama's U.S. citizenship."]
WASHINGTON (CNN) - The Supreme Court has dismissed a second emergency appeal questioning Barack Obama's eligibility to be president because he had dual British-American citizenship at birth.

The justices without comment on Monday refused to intervene in the November 4 presidential election, dismissing the claims of Cort Wrotnowski, a resident of Greenwich, Connecticut.

In his appeal, Wrotnowski claimed that because Obama's father was a Kenyan-born British subject, the president-elect does meet the Constitution's requirement that the president be a "natural born citizen" of the United States. Obama was born in Hawaii in 1961. His mother was a U.S. citizen, born in the United States.

Many legal analysts questioned Wrotnowski's argument.

"The law has always been understood to be, if you are born here, you're a natural born citizen," said Thomas Goldstein, founder of the Web site and a lawyer who has argued numerous cases before the high court. "And that is particularly true in this case, when you have a U.S. citizen parent like Barack Obama's mother."

A similar appeal was rejected a week ago by the high court, from a retired lawyer in New Jersey.

In another lawsuit making its way through the courts, Philip Berg of Pennsylvania alleges the president-elect was actually born in Kenya. Berg claims Hawaiian officials will not let him see Obama's original birth certificate, although the campaign posted a copy of it online this summer, following numerous blog postings over the citizenship question. That case had previously been dismissed by lower federal courts.

The appeal rejected Monday is Wrotnowski v. Bysiewicz (08A469).

soundoff (375 Responses)
  1. E.C.Coleman

    So much for the Highest Court in the United States and the due process. This situation should be investigated and heard by the Supreme much for the 'will of the people.' The Supreme Court is SHAMEFUL.

    December 15, 2008 12:48 pm at 12:48 pm |
  2. James in Nebraska

    Is it really that bad to have a Dem in the white house? This is getting stupid.

    December 15, 2008 12:49 pm at 12:49 pm |
  3. NY republican

    People – it doesn't matter if he was born on the Moon, his mother is a U.S. citizen so he is a U.S. citizen. Just as John McCain was born to U.S. citizens in Panama, so he is a U.S. citizen (OK maybe the canal zone doesn't count, it was a U.S. holding at the time.)

    December 15, 2008 12:49 pm at 12:49 pm |
  4. G.R.I.T.S. - Girl Raised in the South

    To A Really Conservative Realist who said, " There are lots of other good reasons other than this foolishness why BO should not be President.... All these reasons were trumped by a vote."

    Your "reasons" were trumped by a lot more than "a vote". Try millions of votes. Try a majority of votes. You should pull your really conservative head out of your really conservative A–.

    December 15, 2008 12:50 pm at 12:50 pm |
  5. Deme

    Isn't that nice. BO looked it up, on the internet, no doubt. Forget about, you know the authorities in Hawaii. They have already dealt with this issue. Majority of Republicans and those that did not vote for Obama are sick and tired of this story. You are not going to stop this guy from being sworn in as the 44th President on this baseless garbage. Move on.

    December 15, 2008 12:50 pm at 12:50 pm |
  6. Roy Arellano (San Antonio)

    Well then I guess since both my mom was born in Mexico and my father was born in Peru (a nation which holds dual citizenship); I'm ineligible from holding a Commission from Congress to serve as a Navy Officer at the pleasure of our Commander and Chief as well as my security clearance? I guess for that matter all my service to God, Country and Corps (former US Marine, prior to Commission) didn't count while I put my life on the line in Afghanistan for such jack-@$$es like these fellows?

    Please, to all who feel this is an issue; truly simple children.

    He is an American, born and raised. He is to be our next Commander and Chief, get over it; and I, a TRUE PATRIOT, will serve our nation with him as our boss, end of story.

    December 15, 2008 12:50 pm at 12:50 pm |
  7. libbssuck1

    The "legal experts" are the cronies of the lib side of the fence, they want this anti christ as this country's leader. The supreme court is not supreme, it is spineless at best.

    December 15, 2008 12:50 pm at 12:50 pm |
  8. Rastaman

    I love the fact that people are quoting Obama's grandmother as a source that he was born in Kenya.

    This would be great except for the fact that he WASN'T born in Kenya, and should you insist in misquoting Obama's grandmother, please provide a link.

    All in all, I think that some RACIST people just can't get over the fact that we have a black president. What makes me very giddy.

    Suck it ReThugs!!!!!

    December 15, 2008 12:51 pm at 12:51 pm |
  9. Joel

    This is absolutely insane. The PE was born in Haweii a fact not disputed by any sane person so far. He is therefore a natural born American citizen irrespective of what happened before his birth and later on in his life. He won the election and WOULD be President come January 20, 2009

    December 15, 2008 12:51 pm at 12:51 pm |
  10. Immaculate conception

    I didn't realize Obama was born.

    December 15, 2008 12:51 pm at 12:51 pm |
  11. Lisa V

    Good grief!!! Enough already! Get over it. He is African-American, and he will be our next President.

    December 15, 2008 12:52 pm at 12:52 pm |
  12. Emily

    High School Government teachers hearts are sinking to their stomachs to see how many students they must have failed for this to be an issue. Now there is the scary part of all this.... our own citizens uneducated!!!

    December 15, 2008 12:52 pm at 12:52 pm |
  13. Bruce

    The repugs need to stop eating those sour's not very becoming.

    December 15, 2008 12:53 pm at 12:53 pm |
  14. Terry, Lakeland Florida

    I agree, if OB would just release his BC this would all be over. However he keeps everything hidden. I'm sorry but telling us we have to believe you because you say it is true doesn't fly. Where aer your school records, where is your Long Form BC, why are your grandparents saying you were not born here? All you have to do is release the long form and all of this would go away...but you refuse....why?

    December 15, 2008 12:53 pm at 12:53 pm |
  15. Denver Dem

    People like Cort Wrotnowski, are horrible and stupid. Any one who keeps pushing this point is wasting tax payer money. They should be locked up and sodomized by felons.

    December 15, 2008 12:53 pm at 12:53 pm |
  16. tc6789

    BO will not release his full medical records. he will not release his Columbia transcripts, application, etc... Same with Harvard Law. Could it be that in those records he place of birth is recorded as Kenya? Surprised the media didn't demand such records be produced. oh wait, no I'm not...

    December 15, 2008 12:54 pm at 12:54 pm |
  17. WOW - Irving, TX and Women for Obama


    December 15, 2008 12:54 pm at 12:54 pm |
  18. Robert of Long Island

    Obama will be the president of all Americans!

    RACIST or not, he will be your president! There is nothing you can do about it since it was already decided on Nov. 4th.

    365 electoral votes!

    December 15, 2008 12:54 pm at 12:54 pm |
  19. Merry

    My mom was born in the U.S. I was born in another country, I am a U.S. citizen, but would not qualify to run or be president because I am not a "Natural Born" citizen.

    December 15, 2008 12:54 pm at 12:54 pm |
  20. Sue T

    Believe me if Obama was hiding anything you don't think it wouldn't have been found out and brought out into the open for all to see and know before the election? There is nothing he is hiding, it is all of you rasicts people that can't stand it that a black man is going to be our next President.......and most of you racists are republicans.........besides you republicans will dog any democat president till his last day in office just like you did the Clintons........and don't throw it in our faces that we didn't give Bush a fair chance......we did but then he screwed it up and not only demorcats but republicans and independents alike came down on him....the GOP are sore losers and you have NO new ideas about getting this country back on track, so sit back and shut up or get the heck out of this country, because we don't need your kind here..........

    December 15, 2008 12:55 pm at 12:55 pm |
  21. Al Gore

    @Abyssinian Lion
    Don't mock me! Man-Bear-Pig is real! I'm totally cerial!

    December 15, 2008 12:55 pm at 12:55 pm |
  22. john parsons

    Continually, the so-called expects and name callers are somehow so smitten with the selectee, disregarding his $millions spent to not show his original; his other various records being withheld from public viewing along with they’re not knowing what types of criteria HI used in ’58-’73, giving out what is now commonly referred to as ‘birth certificates’, let along reading the Constitutional criteria for a ‘natural born’, than when some legal entity takes up the issue, they’ll look like the dunces they pretend not to be – daily. $12.00 & ‘show us the beef’. He’s going there for Xmas isn’t he? Sow the original,THEN, it’s end of the story. Otherwise – for as long as he’s in office. 8 moare years …

    December 15, 2008 12:57 pm at 12:57 pm |
  23. No Hillary = No Obama

    When this governor of Illinois starts singing to save his neck it will open up a can of worms and questioning Obama's citizenship will pale in comparison.

    December 15, 2008 12:57 pm at 12:57 pm |
  24. Stacy from Loudoun County VA

    Wow...another Obama is not a Citizen claim? His birth certificate was on file on Krypton Mr. Wrotnowski, but it got destroyed....seriously, this halfwit could be doing something constructive with his time instead of going to the SCOTUS with this garbage.

    December 15, 2008 12:57 pm at 12:57 pm |
  25. Lisa V

    "Many legal analysts questioned Wrotnowski's argument." Geez, you think!? Are these nut jobs and others going to keep this up over the next eight years?

    December 15, 2008 12:57 pm at 12:57 pm |
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