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To: mnehrling

Unnamed sources. Seems to be a problem the last few days.


14 posted on 11/07/2008 6:53:55 PM PST by joesbucks
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To: joesbucks
From World Net Daily:

U.S. Supreme Court Justice David Souter has rejected an emergency appeal for the court to halt the tabulation of the 2008 presidential election results until Democratic presidential nominee Barack Obama documents his eligibility to run for the office, according to an attorney who brought the action that challenges the Illinois senator's standing in the race.

However, the issue isn't going away, at least for now, since Souter set a schedule for a response from Obama to the challenge from attorney Philip J. Berg.

As WND reported, Berg brought his claims to the Supreme Court after a federal judge dismissed his lawsuit alleging Obama is ineligible to be president because he possibly was born in Kenya.

The judge concluded Berg lacks standing to bring the action.

The 34-page memorandum that accompanied the court order from Judge R. Barclay Surrick said ordinary citizens can't sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.

Instead, Surrick said Congress could determine "that citizens, voters, or party members should police the Constitution's eligibility requirements for the Presidency," but that it would take new laws to grant individual citizens that ability.

"Until that time," Surrick says, "voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring."

In a statement today, Berg said he was told by a clerk for Souter that his application for an injunction to stay the election was denied. But he also said the defendants "are required to respond to the Writ of Certiorari" by Dec. 1. Read article.

24 posted on 11/07/2008 6:57:22 PM PST by joesbucks
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