Posted on 09/30/2010 7:15:17 PM PDT by rxsid
"Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit
JAMESBURG, NJ (Sept. 30, 2010) - Attorney Mario Apuzzo of Jamesburg, NJ, today filed a Petition for a Writ of Certiorari with the U.S. Supreme Court in Washington DC, on behalf of plaintiffs, Charles F. Kerchner, Jr., Lehigh County, PA; Lowell T. Patterson, Burlington County, NJ; Darrell J. LeNormand, Middlesex County, NJ; and Donald H. Nelsen, Jr., Middlesex County, NJ. Plaintiffs are challenging the recent decision of the Third Circuit Court of Appeals in Philadelphia, PA, which affirmed the dismissal by District Judge, Jerome Simandle, sitting in the Federal District Court, Camden, NJ, of plaintiffs lawsuit in which they charge that Barack Hussein Obama, aka Barry Soetoro, has NOT conclusively proven to any controlling legal authority that he is Article II, Section 1, Clause 5 natural born Citizen of the United States and thus constitutionally eligible to serve as the President and Commander-in-Chief of our military, and that he has hidden all his early life records including his original long-form birth certificate, early school records, college records, travel and passport records needed to prove he is even a born Citizen of the United States
Obama was born a British Subject/Citizen to a British Subject/Citizen father and a U.S. citizen mother. Obama's father was not a U.S. Citizen and never intended to be one. Obama's father was never even an immigrant to the USA nor was he even a permanent legal resident. Obama's father was a foreign national sojourning in the USA to attend college. Obama is still a British Subject/Citizen to this day because he has never renounced that citizenship. According to this lawsuit, Obama was born a dual-citizen with dual allegiance and loyalty and is therefore not constitutionally eligible to be the President and Commander-in-Chief of our military. The founders of our country and framers of our Constitution required the President to have unity of citizenship and sole natural allegiance to the USA from the moment of birth, which Obama does not and cannot have. This was a national security issue to the founders and framers.
Obama has multiple foreign allegiance claims on him because of his British citizenship which also converted to Kenyan citizenship at age 2. Obama was also an Indonesian citizen as a youth when he was adopted or acknowledged by his Indonesian step-father when he married his mother, Stanley Ann Dunham.
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Continued:
http://puzo1.blogspot.com/2010/09/petition-for-writ-of-certiorari-filed.html
"Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit "
Sweet! I know they raised money to do all the printing for the filing. Best of luck to Mario Apuzzo and Charles Kirschner. This is the best case that has been filed.
The trolls here yet? LoL!
Latin escapes me
Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to". It is also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court. The U.S. Supreme Court still uses the term certiorari in the context of appeals.
Petition for Writ of Certiorari. (informally called "Cert Petition.") A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.
Writ of Certiorari. A decision by the Supreme Court to hear an appeal from a lower court.
Cert. Denied. The abbreviation used in legal citations to indicate that the Supreme Court denied a Petition for Writ of Certiorari in the case being cited.
Someone with a legal claim files a lawsuit in a trial court, such as a U.S. District Court, which receives evidence, and decides the facts and law. Someone who is dissatisfied with a legal decision of the trial court can appeal. In the federal system, this appeal usually would be to the U.S. Court of Appeals, which is required to consider and rule on all properly presented appeals. The highest federal court in the U.S. is the Supreme Court. Someone who is dissatisfied with the ruling of the Court of Appeals can request the U.S. Supreme Court to review the decision of the Court of Appeals. This request is named a Petition for Writ of Certiorari. The Supreme Court can refuse to take the case. In fact, the Court receives thousands of "Cert Petitions" per year, and denies all but about one hundred. If the Court accepts the case, it grants a Writ of Certiorari.
"Review on writ of certiorari is not a matter of right, but a judicial discretion. A petition for writ of certiorari will be granted only for compelling reasons." Rule 10, Rules of the U.S. Supreme Court.
The U.S. Supreme Court's certiorari process is covered in Rules 10-16, Rules of the U.S. Supreme Court. The effect of denial of certiorari by the U.S. Supreme Court is often debated. The decision of the Court of Appeals is unaffected. However, the decision does not necessarily reflect agreement with the decision of the lower court.
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