Hollister's case is one of the longest-running among those challenging Obama's eligibility. It is scheduled to be heard in "conference" by the Supreme Court justices on Jan. 14.
It is at those conferences that the justices would determine by vote whether the case would be heard. Although proceedings are not public, it is believed that a case must earn four votes among the nine justices before it is heard.
WND reportedwhen another eligibility case attorney, Orly Taitz, approached Justice Antonin Scalia about the issue.
"Scalia stated that it would be heard if I can get four people to hear it. He repeated, you need four for the argument. I got a feeling that he was saying that one of these four that call themselves constitutionalists went to the other side," Taitz said.
At that time, the Supreme Court was considered to have mainly a 4-4 conservative-liberal split, with one swing vote on most issues. On the conservative side generally were Chief Justice John Roberts, Justice Samuel Alito, Scalia and Justice Clarence Thomas. Justice Anthony Kennedy often is the swing vote. The liberal side frequently included JusticesStephenBreyer, Ruth Bader Ginsburg, David Souter and John PaulStevens.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=245753
JAN 14TH CAME AND WENT. IT SEEMS THE 5TH SUPREME WAS NOT TO BE HAD. SINCE BHO STACKED THE SUPREMES WITH SOTOMAYOR AND KAGAN.
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