A veteran attorney who has pursued a lawsuit challenging Barack Obama’s presidential eligibility since he was elected is telling the U.S. Supreme Court that if its members continue to “avoid” the dispute they effectively will “destroy the constitutional rule of law basis of our legal system.”

And he asks whether the justices still are committed to the principle of considering the Founders’ intent when ruling on constitutional issues.

The warning comes from attorney John D. Hemenway, who is representing retired Col. Gregory Hollister in a case that alleges Obama never was eligible under the Constitution’s requirements for a president to occupy the Oval Office.

“We have not exaggerated in presenting the question of the constitutional rule of law being at stake in this matter,” Hemenway wrote in a petition for rehearing before the high court. “A man has successfully run for the office of president and has done so, it appears, with an awareness that he is not eligible under the constitutional requirement for a person to be president.

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