by Sharon Rondeau
(May 6, 2021) — The plaintiff in a case challenging Kamala Harris’s constitutional eligibility to serve as vice president of the United States has notified Harris’s attorney that the case has been docketed at the U.S. Supreme Court.
A letter dated April 28, 2021 informed Laity of the case’s docketing under the number 20-1503.
Laity petitioned the high court for a writ of certiorari after the U.S. Court of Appeals for the District of Columbia declined to hear the matter en banc. A three-judge panel in March declared the case “frivolous” and Laity to lack “standing,” then threatened monetary sanctions which it declined to impose upon the issuance of its opinion.
Last month Laity appealed to the Supreme Court, arguing, in part:
The U.S. Constitution requires that a President and Vice-President of the United States be a “Natural Born Citizen” of the United States pursuant to Article II, Sec 1, Clause 5 and the 12th Amendment. It is the right of the Sovereign to demand of any public official, whose bona-fides is in question, to prove that he or she is entitled by law to occupy the particular public office he or she now occupies. In the U.S. it is “We the People” who are sovereign…
In his petition Laity argued that Harris is “constitutionally barred” from serving as vice president or president as a result of her birth in California to two non-U.S.-citizen parents who were attending college on student visas at the time. Article II, Section 1, clause 5 of the U.S. Constitution requires the president to be a “natural born Citizen,” while the 12th Amendment imposes the same requirements for president on any vice-presidential candidate.
Filed with the court on April 16, the entire petition can be read here (see bottom footnote).
According to Supreme Court rules, a waiver form must be provided to the defendant (respondent) in the event he or she intends not to provide an answer.
Harris has until May 28 to respond if she so chooses.
After receiving notification that the case was placed on the court docket, Laity told us, “Harris may decline to respond. Then it will go to conference. I would need at least (4) of the (9) Justices to vote to grant Certiorari.”
The letter to Brinkmann can be read here: