I'll give it my best (in a "nut-shell") non-lawyer attempt...
In "HOLLISTER v SOETORO - Joint Motion - To Substitute Reply Brief", they argue that not only do the plaintiff's have standing (citing case law), but the lower court in this case did in fact find they have standing (not word for word). They also bring up the publically known "fact" that Barry's father was never a U.S. citizen and that should bring into question he NBC status (as the show why in the motion)
In "HOLLISTER v SOETORO - JOINT MOTION - To Schedule Oral Argument", they go into the reason's why the court should allow for an oral argument (something that the courts in these eligibility cases have not been "fond" of to say the least). Attorney Hemenway also bring up the harsh rule 11 sanctions he received from the lower court judge, and how ridicule and name calling in abundant in all circles (i.e. the lower court, the media) objecting to the questioning of Barry's NBC status).
And in "HOLLISTER v SOETORO - JOINT RESPONSE in Opposition FILED" they state (& why) they don't want the Amicus Curiae(s) of Berg (Joyce) to be allowed in the case.
Hope that helps some.
PING
Thanks. So Berg is the lawyer?
I have read elsewhere, through a fairly authoritative source, that Berg was warned repeatedly that his approach to the Obama eligibility was fundamentally flawed and would be rejected and possibly lead to censure. At least since the appeal is based on arguing existing judicial principles and precedents, it may be seen as more favorable for review.
Still, I fear that every judge or appellate court will take the simple path of a purported lack of standing to deep six the appeal, especially given the poor track records of the “birthers. What has upset me most about the decisions that I have read is that the judges have often thrown in material that they “dug up” on their own or, were often quoting material such as affidavits, which should not be referred to in the decisions according to standard legal doctrine.
I just don’t know where we can go from here. Everything is so unusual — a standard reading of NBC should indicate that BHO is ineligible for his job — so that even the “Quo Warranto” doctrine does not apply, as far as I can tell.
Even Carter admitted that election opponents may have standing. I think that any military officer should have standing, though Carter seemed to say that there was existing precedent in the 9th Circuit which would preclude such a defense.
BHO and his cronies have scoured the globe to eliminate, purge, and make unavailable almost all details of his life. I read a reliable account that his cronies showed up in Indonesia circa 2006 with the specific task of eliminating or making unavailable vital personal records. Newspaper articles have been scrubbed after the fact to remove any references to foreign allegiances or births.
The one thing that has struck me about the “questionable” Kenyan birth documents, is their consistency. The present the same hospital, real individuals who were in the specified role at the referred to time, and exact details with regards to name and birth details of the parents. Occam’s razor tells me that, despite the alleged forensic shortcomings of these documents, they remain, at worse, “fake, but accurate.”
While researching for Orly Taitz, I found that Judge Carter’s clerk misinterpreted Ashwander vs. Tennessee Valley Authority (the third case cited in the dismissal) in order to assert that Barnett had no standing.
Natural Born Citizen, as a term of art, appears only once in U.S. law, Article II of the constitution. It is not a naturalization issue, and therefore not covered under congressional uniform naturalization law powers of Article I. Note, that the 14th Amendment mentions a child born on U.S. soil to a U.S. citizen mother and father is a citizen at birth, but does not define it as a ‘natural born citizen.’ Cf. 14th Amendment author Sen. Bingham’s comment on what a natural born citizen is, ‘according to the constitution.’.
Similarly, ‘natural born citizen’ appears nowhere in naturalization and nationality statutes. It is not defined in 8 USC 1101, nor enlarged upon in 8 USC 1401 (1952 INA 301).
In addition, in “general law” or case law/common law, natural born citizen has been discussed from Minor v Happersett to Perkins v Elg, but the cases are not specifically on point and are noncommittal to the terms accurate use.
Therefore, under Ashwander, the court’s subject matter jurisdiction is not discretionary under ‘statutory or general law,’ but mandatory as an alleged violation of constitutional law.
My contribution is in #11 of the Barnett Motion to Reconsider.
For more of my research on the ‘birther’ issue, see http://paralegalnm.wordpress.com/2009/11/29/diagramming-the-grammatical-structure-of-article-ii-%c2%a7-1-cl-4/
The only native born sons of British subjects eligible to be president were born prior to the adoption of the constitution. Thus, the subordinate adjective clause after the main clause describing ‘natural born citizen.’