Posted on 06/28/2010 5:56:01 PM PDT by STARWISE
The U.S. Third Circuit Court of Appeals which sits in Philadelphia has notified me today electronically by letter dated June 15, 2010 that there will not be any oral argument on the Kerchner appeal to that Court.
The case will be submitted on the briefs on Tuesday, June 29, 2010. Our presence is therefore not required.
The Court also informed me that the Third Circuit Panel that will decide the appeal will be comprised of Circuit Judges Sloviter, Barry, and Hardiman.
The court can call for oral argument when it has questions. As we know, the Federal District Court granted Obama’s/Congress’s motion to dismiss the complaint/petition for lack of standing and political question. The Kerchner plaintiffs have appealed that decision to the Third Circuit Court of Appeals.
On a motion to dismiss the complaint on its face for lack of standing and political question, both the trial and the appeals courts are supposed to accept the facts alleged in the complaint/petition as true and in a light most favorable to the non-movant.
We have alleged and shown that Obama is not and cannot be an Article II "natural born Citizen" because he was born a subject of Great Britain through descent from his British subject/citizen father who was never a U.S. citizen, making Obama born with dual and conflicting allegiances if he was born in the U.S. or with sole allegiance to Great Britain if he was born in Kenya.
We have also alleged and shown that Obama has not conclusively proven that he was even born in Hawaii. Obama and Congress have presented no evidence or argument to the Federal District Court or to the Court of Appeals contesting these arguments.
The issues of standing and political question are well briefed. We have presented in our briefs how the Kerchner plaintiffs have standing and how the Obama eligibility issue does not present any objectionable political question for the Court. Hence, the Court might not have any questions and so it did not see any need for oral argument.
Of course, it is our hope that the U.S. Third Circuit Court of Appeals reverses the decision of the Federal District Court which dismissed the complaint/petition for lack of standing and political question and returns the Kerchner case to the District Court for discovery and trial.
If the Third Circuit Court affirms the District Court, we will then be filing a petition for certiorari with the United States Supreme Court which will have the final word in any event.
Mario Apuzzo, Esq.
Mario Apuzzo website
~~Ping!
FYI: briefs will be accepted 6-29-10 with no oral
arguments. No telling when decision will be made.
EVERY FREAKING AMERICAN HAS STANDING !!!
“...Circuit Judges Sloviter, Barry, and Hardiman.”
hmmmmm....one Carter appointee, one Clinton and a GW Bush one. Not very good odds, unless the Clinton one does the right thing for our country. I think the Carter one is a shoe in for the marxist prez.
http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Third_Circuit
Thanks for the ping.
It would be better if the article used the judges first names CURLEY, LARRY ,AND MOE.
ping
I am thinking that every Court is more or less going to punt until it gets to SCOTUS. No judge wants to set themselves up for what would befall them personally. Cowards. Still, it’s going to SCOTUS, the faster the better.
And most probably the SCOTUS will quietly decide not to hear the case with no reason given. Still it's critical that every effort be made to expose the massive fraud going on and I admire Kerchner and Apuzzo for keeping this going. They are true patriots.
You bet they are. They could have addressed it already. They won’t hear it until they have no choice. It isn’t going ot be easy.
It also shows them to be traitors to their oath and to our Nation as well as the constitution.
You might not be able to remove a SCOTUS judge, but they can be still be tried for Treason.
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