Today, the United States Supreme Court scheduled the case - Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey - US Supreme Court Docket No. 08A407 - for a conference of the nine Justices. The conference is a completely private affair and the public may not attend. If four of the nine Justices vote to hear the case in full, oral argument may be scheduled. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College.
The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the "national election" pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.
Leo Donofrio brought his case from a lower New Jersey court to the NJ Supreme Court - was denied - and then he filed an emergency stay application in the United States Supreme Court on Nov. 3, 2008, before the Honorable Associate Justice David Souter. Justice Souter denied the emergency stay application on Nov. 6.
I remain skeptical but something here just doesn't add up. Is he hiding something other than not being a NBC, something just plain embarrasing possibly?