from MSNBC.com
Court won't review Obama's eligibility to serve

Suit claimed Obama was British-born and not a 'natural born' U.S. citizen

updated 10:12 a.m. ET Dec. 8, 2008

WASHINGTON - The Supreme Court has turned down an emergency appeal from a New Jersey man who says President-elect Barack Obama is ineligible to be president because he was a British subject at birth.

The court did not comment on its order Monday rejecting the call by Leo Donofrio of East Brunswick, N.J., to intervene in the presidential election.

Donofrio says that since Obama had dual nationality at birth — his mother was American and his Kenyan father at the time was a British subject — he cannot possibly be a "natural born citizen," one of the requirements the Constitution lists for eligibility to be president. read