At this point, Supreme Court Justice David Souter’s Clerk informed Philip J. Berg, the lawyer who brought the case against Obama, that his petition for an injunction to stay the November 4th election was denied, but the Clerk also required the defendants to respond to the Writ of Certiorari (which requires the concurrence of four Justices) by December 1. At that time, Mr. Obama must present to the Court an authentic birth certificate, after which Mr. Berg will respond.

If Obama fails to do that, it is sure to inspire the skepticism of the Justices, who are unaccustomed to being defied. They will have to decide what to do about a president-elect who refuses to prove his natural-born citizenship.

“I can see a unanimous Court (en banc) decertifying the election if Obama refuses to produce his birth certificate,” says Raymond S. Kraft, an attorney and writer. “They cannot do otherwise without abandoning all credibility as guardians of the Constitution. Even the most liberal justices, however loathe they may to do this, still consider themselves guardians of the Constitution. The Court is very jealous of its power - even over presidents, even over presidents-elect.”

Also remember that on December 13, the Electoral College meets to casts its votes. If it has been determined that Mr. Obama is an illegal alien and therefore ineligible to become President of the United States, the Electors will be duty-bound to honor the Constitution.