Kerchner v. Obama: SCOTUS Orders List Due Out Today (inferring it's been dismissed)

Oh, For Goodness Sake ^ | 11-29-10

[STARWISE]

The US Court of Appeals for the Third Circuit of New Jersey affirmed the District Court’s dismissal, based on lack of standing and subject matter jurisdiction, of Kerchner v. Obama, calling the case “frivolous” and issuing a Precedential Opinion.

Not to be taken lightly:

***
[W]hen a judge calls an argument “ridiculous” or “frivolous,” it is absolutely the worst thing the judge could say. It means that the person arguing the position has absolutely no idea of what he is doing, and has completely wasted everyone’s time.
***

The case relied, belatedly, on the de Vattel theory of natural born citizenship, requiring two citizen parents for presidential eligibility; as opposed to birthplace, reflected in court rulings and historical precedent.

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It doesn’t mean that the case wasn’t well argued, or that judge simply decided for the other side, it means that there was no other side. The argument was absolutely, positively, incompetent. The judge is not telling you that you were “wrong.” The judge is telling you that you are out of your mind.
***

Undeterred, Mario Apuzzo filed a Petition for a Writ of Certiorari, the outcome of which is expected to appear on today’s Orders List.

Apuzzo seems confident in a CAAFlog thread:

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I am optimistic that the Court will grant certification. *snip*
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However, Dwight Sullivan maintains that indications are that certification has already been denied:

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That order list doesn’t reflect the results of today’s conference; that list will come out on Monday. But we know cert was denied because the SG waived the United States’ right to respond to the cert petition and the Supremes didn’t call for a response before the conference. That means cert was denied.
***

[butterdezillion]

Justice Thomas has said they are “evading” the eligibility issue. Not that it doesn’t have merit. So there is a non-legal reason they are not addressing it.

Given that almost every judge involved in these cases has done something blatant (i.e. in violation of the judicial code of ethics) to compromise the integrity of the case and their decision, I suspect they are evading it against their will and protesting by compromising the legitimacy of the decisions they felt forced to make.

The Hawaii Department of Health has already indirectly confirmed in 2 different ways that the Factcheck COLB is a forgery. One of the ways they confirmed it was by making a statutory admission that Obama’s genuine BC is amended/altered, which would have to be noted on the COLB itself if it were genuine.

The note of the specific alteration, combined with the pre-printed statement on the COLB that “ANY ALTERATIONS INVALIDATE THIS CERTIFICATE”, is the only way that Hawaii distinguishes between a legally valid BC and one that is legal toilet paper.

Fukino has never said that they have a legally valid BC for Obama. Never. She said that what they have is on record in accordance with state policies and procedures. Those policies (HRS 338-17) say that the probative value of an amended/altered and/or late BC is to be determined when it is presented as evidence to a judicial or administrative person or body - which Obama refuses to do. IOW, what Obama has in Hawaii is legally invalid because it has been altered, and the only way it has any legal value whatsoever is if it is presented in an official procedure and the judicial or administrative person or body evaluates the evidence and thinks it has some legal merit.

For some reason, Obama refuses to allow it to be submitted in any official procedure.

And for some reason the HDOH refuses to say they have a legally valid BC for Obama but lets the public believe that he does - even though they have indirectly confirmed that he doesn’t (all of which taken together is a violation of the Federal General Statement Act and probably misprision of the felonies of forgery and perjury as well). They have also broken laws by hiding their administrative rules, refusing to disclose documents required by law to be disclosed, and destroying records required to be retained permanently.

This is way, way beyond just something embarrassing about Obama. Law enforcement, government bureaucracies, and the judicial system have all utterly abandoned the rule of law. It’s part and parcel with everything Obama’s coup has done through the “czars”, government takeovers, intrusions against the Constitution, etc. This is really and truly a coup, and it has very little to do with Obama himself but with legitimate government policies and procedures being replaced with lawlessness. It is deadly serious, systemic gangrene that is killing this nation.

[centurion316]

Obama has hidden many Easter Eggs related to his early life, I just don’t believe that his birthplace is one of them. He has succeeded in getting lots of folks to chase a chimera and divert attention from other inconvenient event in the early life of a third generation Marxist.

[STARWISE]

Yes ... sadly, the prediction was correct. God save America.

~~~~~~~~~

cfkerchner said...
Our Petition Was Denied.

10-446 KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

http://www.supremecourt.gov/orders/courtorders/112910zor.pdf

November 29, 2010 7:08 AM

https://www.blogger.com/comment.g?blogID=7466841558189356289&postID=5326958144121265513

[STARWISE]

Huh ??

[hoosiermama]

The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

Just talked to dad re: above. He said: Amicus was another step forward. Denying the writ of cert was no big deal, just meant they were chosing the time to deal with it. It can be brought up WHENever THEY are ready to deal with it.

[LucyT]

The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

Just talked to dad re: above. He said: Amicus was another step forward. Denying the writ of cert was no big deal, just meant they were chosing the time to deal with it. It can be brought up WHENever THEY are ready to deal with it.

[Thanks, hoosiermama.]

[Las Vegas Ron]

Cool, thanks for the update.

[rxsid]

"Somewhere in Kenya or Turkey or Iraq, A mother is telling her little boy “You can grow up to be President of the United States, and drive it in to the dirt.”

Its now an international job, open to all comers if their Mother was smart enough to give birth in America and create an anchor baby. Neither parent need be a citizen, the constitution be damned."

Very well said. Unfortunately.

[Natural Born 54]

More specifically, attention has been forced in the direction of Kenya. If you stop biting on the fantasy that BO is any blood relation to the Kenyan clan and further that there is no proof that he was born to someone named Ann Dunham, then it becomes possible - in fact probable, that the last place on earth for this fraud’s birth is a tie between Kenya and Hawaii.

[rxsid]

"Or perhaps the birther argument is completely without merit. SCOTUS just denied Certiorari"

The precedent is set. Someone born with foreign citizenship, allegiance owed to another country at birth, is eligible to be Commander in Chief.

[hoosiermama]

Dad say his writ of cert were denied all the time...In my teacher terms it's like asking the teacher if you can go to the front of the line. Teacher says no, but later when they want to use it as a reward or it's your turn for a job they can “change their mind” or just let you continue to stay in line.

Again, nothing is going to happen until Nan is no longer Speaker and at least the house is on our side. Mid-Jan. Expect BO # to continue to fall. Wiki leaks, North Korea,...all are manipulations out of his control to bring him down....Hold on tight, it's going to be a rocky road.....No marshmallows....lots of nuts.

[LibertyRocks]

Thanks for your (and your Dad’s) insight into this. I think you’re right re: waiting till the new Congress is set. The wheels of justice turn awfully slow sometimes.

[LucyT]

See # 31, too.

[noinfringers2]

It should have been figured out the day Obama had his friendly meeting with SC justices in Robert’s chambers. I believe this was when the ‘birther’ issue was just going public. FR has a photo of this pals meeting. I have a saved print. The striking feature of the photo is Obama’s seeming to be in control.

[Las Vegas Ron]

Hold on tight, it's going to be a rocky road.....No marshmallows....lots of nuts.

Good way to put it. I think this is the first time I've not looked forward to the new year.

OTOH, it has to hit the fan to get it over with, let's roll so we can get to fixing it....oy.

[Las Vegas Ron]

Hi Star, I can't tell you how shocked I am to see I'm not on your ping list.....hmmmmm?

;)

[STARWISE]

cfkerchner said...

Carlyle,

The “Roberts Court” of the U.S. Supreme Court imo will be known in history as the Neville Chamberlain supreme court, the great Obama appeaser court.

http://en.wikipedia.org/wiki/Neville_Chamberlain

Appeasement due to fear that some immediate small amount of veiled and threatened violence from the far left Saul Alinsky goons and tyrants and bullies and thus not doing the right thing early only to support the rule of law and the Constitution ultimately leads to be much bigger problem later. History has shown us that over and over.

This matter should have been addressed by the media and political parties early in the spring of 2008 during the primaries. It wasn’t.

Congress should have addressed this when asked and when constitutionally it was required to. It didn’t. The courts should have addressed the merits of the questions when appealed to early on. They didn’t.

Everyone in our system of government chose appeasement over confrontation and punted the ball to someone else. Now it is far worse. The Supreme Court has chosen appeasement and inaction over action and dealing with the issue and questions openly in a court of law under the rules of evidence and law.

Our Constitutional Republic and legal system is now compromised and broken. And it will only get worse as our legal system and constitutional republic further deteriorates and the rule of law gives way to appeasement of bullies such as Obama and his far left cronies and puppet masters.

Appeasement of the constitutional usurpers will not make it go away. It will only delay the inevitable and fester and in the end be a far worse situation to deal with when the real nature of the tyrant reveals himself in a bolder way and takes away all our liberties.

Neville Chamberlain tactics never work with bullies, tyrants, and national socialists.

CDR Charles Kerchner (Ret)

November 29, 2010 9:30 AM

https://www.blogger.com/comment.g?blogID=7466841558189356289&postID=5326958144121265513

[STARWISE]

That is my big goof, after my attempt to rebuild a corrupted Word ping list doc (my ‘puter is on its last legs .. sigh)... sorrrry, Ron .. :) Duly added .. praying this old doggy holds on.

[penelopesire]

Keep the faith. Obama’s lies cannot be kept a secret forever. It’s more likely that his abuses of power and high crimes and misdemeanors will be his ultimate undoing anyway...then EVERYTHING will come tumbling out of the sewer that they have been hiding it all in.

[American Constitutionalist]

" Denying the writ of cert was no big deal, just meant they were chosing the time to deal with it. It can be brought up WHENever THEY are ready to deal with it. "

Perhaps ? as in another 2 months when the new Congress is seated ?