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Philip Berg, Fox News, API, Standing, and the United States Supreme Court
www.americasright.com ^ | October 28, 2008 | Jeff Schreiber

Posted on 10/28/2008 2:30:15 PM PDT by jzlouis

Tuesday, October 28, 2008 Philip Berg, Fox News, API, Standing, and the United States Supreme Court

I spoke with Philip Berg this afternoon as he sat in his office, awaiting a crew from Fox News Channel in New York. While interest in his lawsuit among those at Fox has been steadily mounting over the past few days and weeks, Berg does not know exactly in what capacity the end product of the taping will be used.

"At this point," Berg said, "the nation just needs to know that Mr. Obama is not eligible to serve as president of the United States, that he has so far successfully hidden behind procedure, and that we could very well be headed toward a constitutional crisis unless this is addressed."

And he is indeed working toward ensuring that the issue is addressed, Berg said, and has been spending the past few days preparing for his appeal to the United States Supreme Court, a move which could happen by the end of the week. This, of course, has caused him to shift other items to the proverbial back burner, including but not limited to the so-called Michelle Obama tapes purportedly possessed by editorial staff at African Press International.

With regard to API, Berg says that he's not so sure what has come or will come of it. "My name is associated with it," he said, "but now I see that there's a Canadian name associated with it too, and that they are claiming to have provided the tapes to Fox News or someone else. I don't know."

Still, even with the focus shifting to the Supreme Court appeal, the odds of the highest court in the land actually granting certiorari and hearing Berg's case are slim. Even though appealing directly to the Supreme Court without first exhausting other options in the Circuit Court level, while a rare move, can be done with regard to substantially urgent matters, the Supreme Court is presented with approximately 8,000 petitions for certiorari each year but only grant about 75 to 120 of those. Personally, if it were me, I'd exhaust my options with the Third Circuit Court of Appeals before going to the Supreme Court -- this way, I could avoid a possible procedural error. While that may delay the outcome of the case until after the fourth of November, I'd rather delay it than watch it tossed for an improper appeal.

In the unlikely event, though, that four of the nine Supreme Court Justices decide to hear the case, Berg will first have to establish that, contrary to the arguments put forth by Barack Obama and the DNC and the specifics of the decision rendered by the Hon. R. Barclay Surrick, he indeed has standing to sue. As I've pointed out in these pages before, the standing doctrine as it stands today does not bode well for Philip Berg.

To have standing, a plaintiff must satisfy a three-prong test. He or she must prove (1) injury in fact, (2) causation, and (3) redressibility -- that they've sustained more than just general harm, that the harm can be traced to the conduct of the defendant, and that adjudication of the matter can provide a remedy to that harm. Berg's biggest hurdle, so far, has been establishing injury in fact.

Now, while there is a three-prong test for standing, there is no such definitive test for establishing what exactly constitutes an injury in fact. Instead, whether or not a plaintiff has sustained an injury in fact depends upon how that plaintiff's factual allegations are perceived by the judge on what has been described as a sliding scale of speculation, creativity and remoteness. In other words, if the factual support of a plaintiff's claims is deemed too speculative, too remote, or too creative, then the judge may not find injury, and visa versa.

In the past, the United States Supreme Court has held that a plaintiff must have a "personal stake" in the matter being adjudicated. This, of course, is to ensure that the matter belongs before the court in the first place. More recently, however, the Court has paid greater attention to, and awarded standing for, plaintiffs who can show enough of an injury so as to provide something along the lines of a good contest among legal rivals.

In Constitutional Law class last year, we studied a few cases while looking at the standing issue. One was a case in which a group of environmentalists were given standing by the Supreme Court because the need for preservation of "environmental well-being" was enough to prove injury. In another case, an association in Washington state was deemed to have standing even though it was the individual members, and not the association itself, which could be found to have had the requisite "personal stake."

That being said, in the unlikely event that this case is heard by the Supreme Court, Berg will need to argue, certainly among other things, that the injury deemed too generalized by Judge Surrick is indeed enough to show injury in fact and therefore gain standing to sue. Only then can this case be heard on its merits.

In the meantime, this election is only a week away. Talk to your friends, talk to your neighbors. Some will be too far gone to the political left. Others will be open to discussion. Regardless, make sure that people get out to vote next Tuesday, because the best way to stop Barack Obama from gaining the presidency is not through the court system but at the ballot box.


TOPICS: Politics/Elections; US: Hawaii
KEYWORDS: 2008; antichrist; berg; birthcertificate; certifigate; citizen; conspiracy; kenya; lawsuit; obama; philipberg
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1 posted on 10/28/2008 2:30:16 PM PDT by jzlouis
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To: jzlouis

I think that if it is to get tossed from the Circuit Court of Appeals, which it will or from the Supreme Court, it would be better the latter as that would give it more exposure.

Then maybe someone will ask Obama WHY? The big WHY aren’t you simpley providing the public your pedigree, something that every president has done since the begining.

Doubtlessly, the press will want to know more about him as president. So why not show it now than later, is it because it will change the complexion of the election?

I can’t believe that not one MSM or someone from the McCain campaign or Hannity or someone doesn’t bring this up?

What is stopping them?


2 posted on 10/28/2008 2:35:48 PM PDT by nikos1121 (The first black president should be another Jackie Robinson)
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To: jzlouis
1) that they've sustained more than just general harm

hmmmm constitutional crisis and chaos? i think so...

2) that the harm can be traced to the conduct of the defendant

certainly...

3) and that adjudication of the matter can provide a remedy to that harm

sure- kick him off the ballot

3 posted on 10/28/2008 2:36:58 PM PDT by Mr. K (Some days even my lucky rocketship underpants don't help)
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To: jzlouis

I have a feeling that if Berg had the original Kenyan birth certificate, a movie of the birth taking place in Kenya and 100 witnesses that all signed sworn statements to the fact, Obama would still not be questioned.

In my life, I never thought I would see the day when so many would just toss aside any air of objectivity just to win an election. What happens if after the election facts come out that Obama is foreign born? Who would have the guts to remove him?


4 posted on 10/28/2008 2:41:25 PM PDT by Dutch Boy
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To: jzlouis

Natural Born Vs Naturalized Citizen

Scroll down about half way to see the video..listen carefully as its a bit technical
5 posted on 10/28/2008 2:41:33 PM PDT by Lady GOP
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To: jzlouis

What’s it all mean?


6 posted on 10/28/2008 2:42:07 PM PDT by Doug4McCain (McCain/Palin 2008)
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To: jzlouis

I love this that he cannot establish “injury in fact”...That a candidate can hoist a massive fraud on the voters does not constitute “injury in fact”..I just love courts and attorneys.


7 posted on 10/28/2008 2:42:10 PM PDT by Goreknowshowtocheat
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To: nikos1121
Berg screwed this up. The guy in Washington State screwed it up. There are some other screw-ups in the woodwork. I've seen hundreds of cases screwed up by amateurs who don't know what they are doing.

After the election, when the real election is pending (the Electoral College), if someone of competence and substance wants to bring a case that will hold up in court and get a decision on the merits, I stand ready to help.

Congressman Billybob

Latest article, "Brides from a War Long Ago"

The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.

8 posted on 10/28/2008 2:42:27 PM PDT by Congressman Billybob (www.AmericasOwnersManual.com)
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To: jzlouis
WE HAVE BEEN WARNED ABOUT THIS!
"Mark my words. It will not be six months before the world tests Barack Obama like they did John Kennedy. The world is looking." Biden added, "Watch, we're gonna have an international crisis, a generated crisis, to test the mettle of this guy. And he's gonna have to make some really tough -- I don't know what the decision's gonna be, but I promise you it will occur."

9 posted on 10/28/2008 2:43:53 PM PDT by ncfool (ObaBama stands for The New United Socialist State or "TNUSSA")
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To: jzlouis
I still don't understand why Berg has not tried to solve the "standing" problem. Surely one of these idiots would allow Berg to put his name on the filing.
10 posted on 10/28/2008 2:45:10 PM PDT by Deek
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To: jzlouis
the nation just needs to know that Mr. Obama is not eligible to serve as president of the United States

With all due resect to Mr. Berg, that is not the immediate question. The immediate question for Obama is why he refuses to allow the Hawaiian state gov to release the full certificate. It may or may not be the case that he is not a nautral born citizen but that is a question to be determined.

Even without the certificate, it is perfectly legitimate for the press to ask the question of why he won't release it.
11 posted on 10/28/2008 2:46:03 PM PDT by newheart (The Truth? You can't handle the Truth. But He can handle you.)
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To: jzlouis
It has been suggested that Tim Russert had the "whitey" tapes. Anyone have any information on whether this could be true?
12 posted on 10/28/2008 2:51:16 PM PDT by HighlyOpinionated (All You Need is Money [Soros] and a Candidate Who Can Be Coached to Look Sincere [Obama]. A. Huxley)
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To: jzlouis

I have come to the conclusion that the fastest way, and possibly the only way at this point in time, to expose the fact that Obama refuses to provide his birth certificate, is to keep yelling it from the rooftops until the media cannot ignore it. Hannity and others are doing that, but they need our help. Protest our right, as Americans, to have proof that a person running for President does indeed meet the three basic requirements.


13 posted on 10/28/2008 2:51:58 PM PDT by CaribouCrossing
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To: Dutch Boy
What happens if after the election facts come out that Obama is foreign born? Who would have the guts to remove him?

Everyone who has sworn an oath to defend the Constitution, not the President, from all enemies foreign and domestic. That's who.

14 posted on 10/28/2008 3:16:32 PM PDT by PeterFinn (Sarah Palin for President in 2012.)
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To: Congressman Billybob

Would it be fair to say that no one has standing until Obama actually “wins” the election? If so, would this be because no one has been potentially damaged until that time?


15 posted on 10/28/2008 3:17:48 PM PDT by SeaHawkFan
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To: HighlyOpinionated

RE: “It has been suggested that Tim Russert had the “whitey” tapes. Anyone have any information on whether this could be true?”

****

If Russert had whitey tapes, I’d bet they are with him in his grave.


16 posted on 10/28/2008 3:20:15 PM PDT by CaliforniaCon
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To: Congressman Billybob

Oh and the far leftist Federal Judges are saints...give me a break.


17 posted on 10/28/2008 3:22:00 PM PDT by Kackikat (.)
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To: SeaHawkFan
Would it be fair to say that no one has standing until Obama actually “wins” the election? If so, would this be because no one has been potentially damaged until that time?

The Surrick court said there's no damage until he's elected. Potential damage is a different matter--but it would take a court with brass stones to issue an injunction (i.e., stop running until you produce proof of citizenship)on this matter.

18 posted on 10/28/2008 3:24:58 PM PDT by Pearls Before Swine (Is /sarc really necessary?)
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To: Kackikat
My experience with dozens of federal judges, and a dozen or so Justices, is that almost all of them will follow the Constitution wherever it leads. Only a few, in my experience, let their politics before they were appointed, interfere with their judicial decisions after they assume the bench.

John / Billybob

19 posted on 10/28/2008 3:26:30 PM PDT by Congressman Billybob (www.AmericasOwnersManual.com)
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To: SeaHawkFan
No, it would not be fair to say that. The problem is that everyone who has sought to raise the issue up to now, has butchered the job. It's like watching roofers who deal with shingles and nails do brain surgery, and patient after patient winds up dying.

John / Billybob

20 posted on 10/28/2008 3:29:17 PM PDT by Congressman Billybob (www.AmericasOwnersManual.com)
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