BREAKING -- Berg v Obama - Scheduled for SCOTUS Conference TWICE on Jan 16

US Supreme Court ^ | 12/23/08 | US Supreme Court

[BP2]

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.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.	---------------

No. 08A505
Title:	Philip J. Berg, Applicant v. Barack Obama, et al.
Docketed:
Lower Ct:	United States Court of Appeals for the Third Circuit

Case Nos.:

(08-4340)

~~~Date~~~	~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
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	Application (08A505) denied by Justice Kennedy.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.

[LachlanMinnesota]

Not true.

[LachlanMinnesota]

Was your father a non-citizen and your mother not a resident for at least 14 years when that happened?

[LachlanMinnesota]

Where did they day it lacked merit? THere are many reasons to take the action that they did, and non-at this stage are based on the substantive merits.

[hedgetrimmer]

You don’t know what they looked in to specifically, because they did not comment.

[John Valentine]

There is no case law...

I'll agree insofar as no case I know of bears directly on Presidential qualifications, but the Court had plenty to say about "natural born" citizenship in US v. Wong Kim Ark, and NONE of what they had to say will give any comfort to the likes of trumandog and other Obama supporters.

If Wong Kim Ark, or indeed any prior case, is governing precedent or the dicta therein an accurate description of the law, then the Supreme Court needs to hear the case in order to clear the way for Obama's inauguration, for under the law as it stands unchallenged today, Obama cannot be legally sworn in.

[Uncle Chip]

And if he were born in Kenya, yes he is a liar but he would still be a natural born citizen in that at the moment of his birth he became an American.

Oh please, you truly are out of touch with the Constitution, the law, and ...

[supercat]

Once Congress counts the electoral votes its basically over. Its the job of the Congress to vet the president when the votes are tallied, after that he is considered qualified.

The Constitution specifies that nobody alive today other than a natural-born citizen may legitimately become President. It does not say that other people may become President if Congress accepts them--it says they are not eligible, period.

Unfortunately, many people who read the Constitution seem to have trouble with the concept of 'is'. If Obama is not a natural-born citizen, then he cannot legitimately become President, regardless of who does or does not acknowledge that he isn't a natural-born citizen. It may be difficult or impossible to prove his illegitimacy, but that does not make him legitimate.

[Gemsbok]

According to Mr. Axelrod’s job advertisement, they are actually paid by the individually word to support and defend the Obamination.

One KES per word.
(That’s one Kenyan shilling) per word! :-)

[Triple]

I think linder in the house will object, and I notice you left out other candidates for president, knowing keyes has a meritorious suit.

So certainly not true that no one in government is objecting.

Remember, in the USA government officials don’t have more rights than citizens.

[Gemsbok]

150 YEARS OF PRESIDENTIAL PRECEDENT during which EVERY PRESIDENT was a LIVING BREATHING definition of a NATURAL BORN CITIZEN!!

Great post Uncle Chip, and bears repeating!

[real_patriotic_american]

I learned of the subpoenas here at FreeRepublic.

[classical artist]

Some evidence that he was adopted by Soetoro. His school records from Indonesia & his mother’s divorce papers from Soetoro show that they had 2 children. His BC should read Soetoro unless he had a copy of it from before he was adopted but the copy that was shown on his site was from 2006(?). Once you are adopted your original BC is sealed by the court & placed in a vault not even the adopted child or parents have access to it without a court order. Obama could have legally changed his name but his BC would always have his adopted name on it unless he was adopted again as a child. I have not seen any adoption papers from the U.S. but the divorce papers are from Hawaii so if he wasn’t adopted why bother claiming 2 children in the divorce docs. “That One” is a mystery man!

[NoRedTape]

"If the crazy dog is right and keeps an authoritarian socialist out of the highest office in the world, YES, I want to “associate with” him."

Right on. Totally agree.

[Red Steel]

Wow, the SCOTUS saw The 9/11 Truther Berg’s case to be so important that they scheduled their conference ten days after the Vice President certifies the election and four days before Chief Justice Roberts delivers the oath of office to Obama.

What's wrong dog, the Supreme Court sees merit in this case?

[Red Steel]

Once Congress counts the electoral votes its basically over. Its the job of the Congress to vet the president when the votes are tallied,

It's not over even then, whether Congress impeaches Obama or not. Let him serve as the asterisk president. Obama will bring down the Dems in Congress with him.

[Kevmo]

For your various CoLB ping lists.

This item strikes me as some kinda typo, but maybe it isn’t.

[Red Steel]

What’s wrong dog, can’t you stay on issue? You’re throwing out a strawman argument. Berg is correct in this case.

[Red Steel]

Both of Berg’s claims are baseless.

Baseless? If it was so baseless then why is Obama hiding behind the sycophant press and lawyering up big time?

[TruthWillWin]

And if he were born in Kenya, yes he is a liar but he would still be a natural born citizen in that at the moment of his birth he became an American.

If he was born in Kenya he is a lot more than a liar. That means the BC he submitted is a forgery and he has committed fraud.

[Red Steel]

If the Berg case is so important, why is it that the conference is not scheduled until January 16th?

The SCOTUS also schedule Berg's case for the 9th Jan., did you forget about that one?