Posted on 01/12/2009 8:30:18 AM PST by srweaver
08-570 BERG, PHILIP J. V. OBAMA, BARACK, ET AL. The motion of Bill Anderson for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari before judgment is denied.
(Excerpt) Read more at supremecourtus.gov ...
Amicus curiae or amicus curiæ (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court", that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it. The information may be a legal opinion in the form of a brief, testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision whether to admit the information lies with the discretion of the court.
A brief (Latin "brevis", short) or factum (Latin for "act" or "deed") is a written legal document used in various legal adversary systems that is presented to a court arguing why the party to the case should prevail. In England and Wales, the phrase refers to the papers given to a barrister when they are instructed.
Will Judge Roberts really swear in a complete fraud as President? WWW.JB-Williams.com
If they find he hasn’t proved citizenship, they will leave it to Congress to decide how to handle it.
What do you think?
So, to the untrained among us, is this a good thing?
So, OK, who’s Bill Anderson, and who’s paying his amicus filing costs?
He has little choice but too swear him in.
Doesn’t look like it, no.
Leni
It means that Berg cannot skip over the federal court in his district.
See my post #12.
Obama can channel the ghost of Abraham Lincoln to swear him in if he so chooses.
Seriously, it may have to be some officer of a court, but Obama probably will select Justice Roberts just for the prestige and to tweak Roberts' conservative nose a little as he stands before him .
Leni
Don’t take my word for anything but I am guessing the court has to wait for something to happen, like an underage drinker that has a beer outside a bar vs him being IN the bar and being an underage drinker.
Or as my crystal ball is trying to also decipher, that technically by all laws to date and thats important that they must wait for an additional event of evidence to occur, like the swearing in ceremony. That is just my impression.
I think the courts are playing safe and waiting for tantamount irrefutable evidence that will undeniably prove a verdict and not be subject to years of litigation.
Leni
Maybe... get a real job?
I hope Obama has a run-in with Lincoln’s ghost that has been known to haunt the WH. Maybe momma m-i-l will see ol Abe and refuse to live there.
It means, denied.
To post 2: Thanks!
To Post 3: The general website left me totally lost, a specific article might have helped.
To post 6: The brief itself claims no one but the amicus (friend of the court) is paying the costs.
To post 8: Thanks for the info.
To post 11: “The wheels of justice grind slowly”...but they do grind.
To post 12: That makes sense.
Thanks. What are Berg’s options now.
Allow the appellate process to play out through its normal procedure.. Or maybe find another topic to drum beat a while......
Any legal types with opinions/speculations of what this might mean?
You may try the following:
http://www.freerepublic.com/focus/f-chat/2163123/posts
http://www.freerepublic.com/focus/f-news/2163147/posts
From the wording that the writ was denied “before judgment”, it means that Berg must defend his case in federal district court.
The judge has the authority to dismiss or hear the case. If the judge hears the case, I can think of no reason that the judge would not issue a court order to the state of Hawaii and get the original or a certified copy of Obama’s Certificate of Live Birth.
Of course, this may be cleared up MUCH quicker if a member of the military or reserves refuses an order that ultimately came from Obama on the grounds that Obama has no authority to make such an order.
LOL
Leni
Ongoing discussion about this case here:
http://www.freerepublic.com/focus/chat/2163123/posts?page=42
it is not for the SCOTUS to do anything about at the time of the swearing in. It needed to come up before the SC before the election, during the period before the swearing in and it seems now, after the swearing in. If all the I’s are dotted and tees are crossed and it turns out that Obama is not a Natural Born citizen then the SC is duty bound to make such a declaration.
Back to trying prove terrorists weren't responsible for 9-11 maybe.
Oh, also, the federal court can also rule that the Pennsylvania SC erred in their ruling, i.e. that Berg did not have “standing”, and order them to hear the case.
Yeah....maybe the pilot of his new helicopter refuses to start up....leaving 0bambi sitting in a cold windswept chopper after the inauguration.
I agree, the nut-case market is full up
“Maybe... get a real job?”
Berg has found a real a job. Taking donations from the poor souls that will not see.
Berg can ride this scam for another six months
We can dream.... but more likely it will be some reservist who refuses to report for activation and is then subjected to a courts martial.
No big deal. A guy wanted to join Berg’s suit, and the court let him.
It means the Supreme Court is not going to hear this prior to the inaguration, which is yet another sign that this issue is not on their radar screen. Please, drop it. This news may be “breaking” but it is not worthy of being in the “Breaking News” sidebar, IMO.
“Any legal types with opinions/speculations of what this might mean?”
It seems to me they postponed accepting or rejecting Berg’s application for certiorari until the “friend of the court” petition by Bill Anderson is heard. In other words, Berg’s case is definitely alive and being seriously considered.
Delusional.
I agree.
I just wish there was some way to stop Obama before he destorys the country. Maybe George Bush will declare Marshall law sometime later this week. In fact I am sending him an email right now and recommending it.. I mean obviously if the economy is in such dire straights worser then even the Great Depression we really shouldn’t be changing Presidents at this time don’t you agree?
There must be a way to stop Obama. On NOV 4th America was on a drunken stupor fueled by the BDS liquor and the Obama messiah change drugs that the MSM and the wackoo left was feeding the electorate.
8 days before the inauguration and I am already pining for the good ol’ days under George W. Bush.
The Supreme Court accepted the Amicus Curiae brief (read it here) and inserted the the words "before judgement" in their order.
That's not delusional.
It is martial law, not “Marshall” law you are thinking of.
Not so much, no.
Why would the court allow somebody to join a declined/dead suit?
Ask Michael New how well that works.
http://www.americasright.com/2009/01/supreme-court-denies-certiorari-in.html
this is a good explaination of it all.
Who said it was dead? It is sick, but not yet dead.
An Obama + Our Nation = Abomination!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.