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.
1. Here is the long-awaited statement from the Kenyan grandmother that he was born in Kenya. The two affidavits, from the Reverend and the Bishop. This is what Berg was waiting for, as he stated in an interview a week or so ago.
OBAMA IT APPEARS WAS BORN IN KENYA AND HIS KENYAN GRANDMOTHER STATED SHE WAS PRESENT AT HIS BIRTH IN KENYA (MAKING HIM "NOT" A U.S. CITIZEN AND DISQUALIFIES HIM FROM RUNNING FOR THE PRESIDENCY!): THE FOLLOWING IS FROM AN AFFIDAVIT:
QUOTE:I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 2 Bishop McRae asked Ms. Obama specifically, “Were you present when your grandson Barack Obama was born in Kenya?” This was asked to her in translation twice, and both times she specifically replied, “Yes”. It appeared Ms. Obama’s relatives and her grandson, handling the translating,, had obviously been versed to counter such facts with the purported information from the American news media that Obama was born in Hawaii. Despite this, Ms. Sarah Hussein Obama was very adamant that her grandson, Senator Barack Hussein Obama, was born in Kenya, and that she was present and witnessed his birth in Kenya, not the United States. When Ms. Obama’s grandson attempted to counter his grandmother’s clear responses to the question, verifying the birth of Senator Obama in Kenya, Bishop McRae asked her grandson, how she could be present at Barack Obama’s birth if the Senator was born in Hawaii, but the grandson would not answer the question, instead he repeatedly tried to insert that, “No, No, No. He was born in the United States!” But during the conversation, Ms. Sarah Hussein Obama never changed her reply that she was in deed present when Senator Barack Obama was born in Kenya.
A copy of the Tape transcript is attached hereto as EXHIBIT “A”. UNQUOTE U.S. Supreme Court Writ of Certiorari and Application for Stay of the Presidential Election by Obama Crimes on Sun 02 Nov 2008 02:10 PM EST | Permanent Link | Cosmos Attached is the complete U. S. Supreme Court filing with exhibits and affadavits: U.S. Supreme Court Writ of Certiorari – PDF (202 KB) Exhibit Charter Schools Rainbow Edition Newsletter – PDF (658 KB) Exhibit The Star Bulletin – Obama born in different hostpital – PDF (43 KB) Exhibit Plaintiff Request for Admissions to Obama – PDF (80 KB) Application to Justice David H. Souter for a stay of the Presidential Elections and/or a Temp. Injunction staying the Presidential Election pending resolution of the Writ of Certiorari – PDF (206 KB) Affidavit of Bishop Ron McRae – PDF (3707 KB) Exhibits for Affidavit of Bishop Ron McRae – PDF (178 KB) Affidavit of Reverend Kweli Shuhubia – PDF (146 KB)
That sounds legitimate, except that if he was “told by the court,” he’d have a document to post. Souter doesn’t just pick up a phone and make some calls: he issues an order. Unless it’s just SOP because a writ was filed?
Hmm. As a voter and citizen, I'm the boss. Why on EARTH wouldn't the boss have standing?
I'm asking a rhetorical question. I already know the answer.
responding to a writ of certiori just means BO will file a brief with the court arguing the reasons the court should not take the case - does not require him to produce his COLB
Given that ordinary citizens have the 1st A. right to petition the federal and state governments for a redress of grievances, which certainly should include demanding that the president-elect satisfies constitutional citizenship requirements, respectfully, Judge Surrick is playing politics, in my opinion.