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., ) Case below 08-2254 JR

Appellants, )
)
v. ) No. 09-5080
) Consolidating No. 09-5161
BARRY SOETORO, et al., )
Appellees. )

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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“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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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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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