A lawsuit that was filed over the absence of documentation that Barack Obama is eligible to occupy the Oval Office and claims a precedent was set for removing ineligible candidates when an underage Eldridge Cleaver was taken off the ballot in 1968 is heading to the U.S. Supreme Court.

Attorney Gary Kreep of the United States Justice Foundation confirmed to WND tonight that his clients have requested in writing that he appeal the decision of the California Supreme Court.

Judges there this week got rid of the case with six words: “The petition for review is denied.” That would have left standing a decision from the California Court of Appeals that if a qualified political party presents a candidate’s name for inclusion on the ballot, the California secretary of state must include it.

But Kreep confirmed that his clients, Ambassador Alan Keyes, Wiley S. Drake Sr. and Markham Robinson, will petition the U.S. Supreme Court, which so far has refused to even consider the arguments of a multitude of other challenges to Obama’s eligibility, for review.

The lawsuit alleged both California Secretary of State Debra Bowen and the state’s electors for the Electoral College in the 2008 election failed to verify that Obama is eligible. After the Electoral College vote was adopted in Congress the lawsuit was adjusted to address future elections.

Keyes, Drake and Robinson also remain plaintiffs in a similar complaint in the federal court system. The case is now is pending before the 9th U.S. Circuit Court of Appeals.

In the federal case, the plaintiffs are represented by Kreep and California attorney Orly Taitz. In the state case, only Kreep is involved.

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