Case: 09-5080

Document: 1241042

Filed: 04/21/2010

Page: 1

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT GREGORY S. HOLLISTER, et al., Appellants, v. BARRY SOETORO, et al., Appellees. ) Case below 08-2254 JR ) ) ) No. 09-5080 ) Consolidating No. 09-5161 ) )

MOTION TO PUBLISH The plaintiff/appellant Gregory S. Hollister, and the counsel/appellant John D. Hemenway, hereby request of the Court that it publish its panel opinion in this case as handed down on March 22, 2010. Although that opinion merely adopted, without independent analysis or reasoning, the two opinions from the court below, it is a very important repudiation of cases from the 19th Century such as the opinion of Chief Justice John Marshall, joined by Mr. Justice Livingston, in The Venus, 12 U.S. 253 (1814) and the opinion in Minor v. Happersett, 88 (Wall.) U.S. 162 (1874). Further, as set out in the accompanying Petition for Reconsideration and Suggestion for a Hearing En Banc it is a matter of great importance for the American people and the history of this nation as a nation under the Rule of Law with a paramount Constitution. This is the first man in the oval office since Chester Arthur to appear to not meet the requirement of the Constitution in Article II, Section 2, Clause 5 that to occupy the office one must be a
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Case: 09-5080

Document: 1241042

Filed: 04/21/2010

Page: 2

“natural born citizen” in the sense put forward by Vattel as familiar to the founders. Further, unlike Chester G. Arthur, this occupant of the Oval Office has engaged in outright deception about what is his actual birth certificate as part of his campaign and has spent hundreds of thousands of dollars as revealed in the public records of the Federal Election Commission, as to which this Court may take notice, to resist revealing not only his actual birth documents but also all of his passport, citizenship and school records. He is the first occupant of the Oval Office to use a State of the Union address to seek to intimidate the Supreme Court. He and his operatives, including a political force directed out of the White House, have engaged in a relentless campaign to attack and ridicule any persons who even dare to ask about his actual birth facts and documentation. At a prayer breakfast he announced by fiat that we, the public, are not allowed to inquire about his birth. Despite this campaign the public concern over these matters has steadily increased. There is no doubt that the White House directed by the appellee has sought in every way to make judicial attention to these issues “unthinkable.” Mr. Justice Thomas has recently noted that the courts are engaged in avoiding these questions. It is not an understatement to say that the future of our constitutionally based legal system is at stake as is the

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Case: 09-5080

Document: 1241042

Filed: 04/21/2010

Page: 3

belief of the American people in and their confidence in that system and its future. It is not seemly in this situation for courts to be seen as avoiding transparency with the American people. The lower court engaged in an appearance of bias based on what it saw as blogging, texting, and twittering on the Internet. It mistakenly assessed that only a couple of dozen people are paying attention to the matters at issue here. Nothing could be further from the truth. The decentralization of not just information but of decision making itself as foreseen by Norbert Wiener in “Cybernetics” in the 1950’s has occurred and is proceeding with ever increasing size and velocity. There is a rising tide, real grassroots growing, not some big city machine Astroturf, of constitutionalism. History will have its verdicts and all shall be revealed. Ducking will be seen as ducking. Even the appearance of it should be avoided. The blogging, texting and twittering will continue, but it will not support deception where the Constitution is concern. Vetting there will be. But it is truth that will be sorted out. The rise from status to contract that the great legal scholar and historian Sir Henry Maine described in “The Ancient Law” has been paralleled by a movement from status to liability for deception including those that involve the Constitution. Courts should not be seen to be avoiding

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Case: 09-5080

Document: 1241042

Filed: 04/21/2010

Page: 4

important issues out of deference to status rather than the Rule of Law with the Constitution as the basis of that law. Transparency is important and the opinion should be published. Respectfully submitted, /s/ John D. Hemenway D.C. Bar #379663 Counsel for Appellants 4816 Rodman Street, NW Washington DC 20016 (202) 244-4819 johndhemenway@comcast.net

CERTIFICATE OF SERVICE I hereby certify that I have caused the foregoing Motion to Publish to be served electronically upon counsel of record this 21st day of April, 2010.

/s/ John D. Hemenway

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