The AP continues with its usual abysmally wrong reporting.
The docket shows the opposite: the main Berg case has now been scheduled for conference on January 9th, not denied. What was denied were two other motions (08A391, 08A505) under the main case (08-570).
No. 08-570 Title: Philip J. Berg, Petitioner v. Barack Obama, et al. Docketed: October 31, 2008 Lower Ct: United States Court of Appeals for the Third Circuit Case Nos.: (08-4340) Rule 11 ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Oct 30 2008 Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008) Oct 31 2008 Application (08A391) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter. Nov 3 2008 Supplemental brief of applicant Philip J. Berg filed. Nov 3 2008 Application (08A391) denied by Justice Souter. Nov 18 2008 Waiver of right of respondents Federal Election Commission, et al. to respond filed. Dec 1 2008 Motion for leave to file amicus brief filed by Bill Anderson. Dec 8 2008 Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter. Dec 9 2008 Application (08A505) denied by Justice Souter. Dec 15 2008 Application (08A505) refiled and submitted to Justice Kennedy. Dec 17 2008 DISTRIBUTED for Conference of January 9, 2009. Dec 17 2008 Application (08A505) denied by Justice Kennedy.
The docket shows the opposite: the main Berg case has now been scheduled for conference on January 9th, not denied. What was denied were two other motions (08A391, 08A505) under the main case (08-570).
CHeck out this post.