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Supreme Court Justice Clarence Thomas (left) picked up a lawsuit by New Jersey lawyer Leo Donofrio, who argues that Barack Obama is ineligible to be president, and referred it to the full court after Justice David H. Souter (right) had refused it. The court Friday is to vote whether to accept the case.

GETTY IMAGES Supreme Court Justice Clarence Thomas (left) picked up a lawsuit by New Jersey lawyer Leo Donofrio, who argues that Barack Obama is ineligible to be president, and referred it to the full court after Justice David H. Souter (right) had refused it. The court Friday is to vote whether to accept the case.

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