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To: Paige
-- the Clerk also required the defendants to respond to the Writ of Certiorari ... At that time, Mr. Obama must present to the Court an authentic birth certificate ... --

That's incorrect. A Writ of Certiorari is an order from a superior court to an inferior (subordinate) court, demanding that the lower court transfer the case to the higher court. Asking for a Writ of Cert (petitioning for the writ) is asking the higher court to take the case. Berg has asked SCOTUS to take the case away from a lower court.

The mechanism for asking an appellate court to "take the case," where the appeal is not available as a matter of right, is a petition -- a request, if you will. Opponents to the request may file counterarguments, if they want to. But they aren't obliged to. The only thing due on Dec. 1 is a rebuttal to the petition for SCOTUS to take the case. There is absolutely no requirement that Obama present a birth certificate, or even a counter-argument.

53 posted on 11/30/2008 6:27:46 AM PST by Cboldt
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To: Cboldt

IF CERT is not issued the case will not be heard.


54 posted on 11/30/2008 6:37:03 AM PST by Paige ("All that is necessary for the triumph of evil is that good men do nothing," Edmund Burke)
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