Skip to comments.Docket entries, Berg v. Obama Third Circuit Court of Appeals (SEND TO MERITS PANEL)
Posted on 02/03/2009 1:14:11 AM PST by rxsid
Current status of Berg's case pending in the 3rd dist. court of appeals (same case the SCOTUS denied the two emergency stay requests)
12/09/2008 Open Document ORDER (SCIRICA, Chief Judge and AMBRO, Circuit Judges) denying Appellant's Motion an Immediate Injunction to Stay the Certification of Electors, to Stay the Electoral College from Casting any Votes for Barack H. Obama on December 15, 2008, and to Stay the Counting of any votes in the House of Representatives and the Senate on January 6, 2009 Pending Resolution of Appellant's Appeal. Panel No.: ECO-16. Scirica, Authoring Judge. See Order for complete text. (CH)
12/10/2008 RECORD available on District Court CM/ECF. (CH)
12/10/2008 Open Document BRIEFING NOTICE ISSUED. Brief on behalf of Philip J. Berg due on or before 01/20/2009. Appendix due on or before 01/20/2009. (CH)
01/16/2009 Open Document ENTRY OF APPEARANCE from Steve N. Hajjar on behalf of Appellee(s) Federal Election Commission. (SNH)
01/16/2009 Open Document Motion filed by Appellee Fed Election Comm to summarily affirm. Certificate of Service dated 01/16/2009. SEND TO MERITS PANEL.--[Edited 01/28/2009 by CH] (SNH)
01/20/2009 Open Document ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Philip J. Berg, filed. Certificate of Service dated 01/20/2009 by email. (PJB)
01/20/2009 Open Document ELECTRONIC APPENDIX on behalf of Appellant Philip J. Berg, filed. Manner of Service: electronic. Certificate of Service dated 01/20/2009. (PJB)
01/27/2009 Open Document Response filed by Appellant Philip J. Berg to Motion for summary action. Certificate of Service dated 01/26/2009. (PJB)
01/28/2009 Open Document CLERK ORDER referring Motion by Appellee Federal Election Commitee For Summary Affirmance to the merits panel. It is noted that Appellant filed his brief and appendix on January 20, 2009, counsel for Appellee Federal Election Committee, is directed to inform this office in writing within seven (7) days from the date of this order if they intend to file a brief or rely on the Motion for Summary Affirmance in lieu of a formal brief, filed. SEND TO MERITS PANEL. (CH)
02/02/2009 Open Document CLERK ORDER referring the Response of Appellant to Appellee Federal Election Committee's Motion for Summary Affirmance to the merits panel, filed. SEND TO MERITS PANEL. (CH)
To us non-lawyer types, this is progress, right?
I translated it as "lawyers get paid again..."
Being a non-lawyer myself...
It appears to me that motions in the case (from both sides, with the latest being Berg's "Motion for summary action") have now been sent to the merits panel.
This would appear to be a step further than a court response of DENIED.
Perhaps the 'layer types' in the crowd could confirm and/or elaborate?
English is strange that way. Pretty much everything translates to that.
Third Circuit Court of Appeals
Internal Operating Procedure 3.3
The panel assembles in the robing room approximately five (5) minutes prior to the opening of court. The judges enter the courtroom from the robing room in the reverse order of precedence. The next ranking judge is stationed to the right
of the presiding judge facing the courtroom from the bench. All remain standing until the presiding judge sits.
I don’t understand a word of it.
Why post this if you’re unwilling to post a corresponding explanation in plain English?
10.7 Motions Related to Cases Assigned to Merits Panels.
10.7.1 Motions related to cases assigned to merits panels are generally granted
or denied by the presiding judge if they are merely administrative and
unrelated to the disposition, unless the presider believes reference to the
entire panel is appropriate.
10.7.2 Motions related to scheduling cases for argument are always referred to
the entire panel.
Certainly good news! It is about time a Court started to look at the merits in these cases.
“To us non-lawyer types, this is progress, right”
Not a lawyer, but I am pretty sure it means the case is winding through the bowels of the beast and we have to wait to see what comes out.
For those still discouraged, there is yet another case filed with SCOTUS and still more on the way. This issue is NOT going away until a Court decides on the issue, namely is BO eligible to be POTUS.
As you know I have not communicated with Berg so I have no inside info on what might be transpiring. It appears that he is jumping through a lot of legal hoops unnecessarily.
As you know, I think it would behoove Berg and all other attorneys to communicate and develop a joint strategy. I know that Orly has contacted Berg but he is not cooperating with her.
In the end, this matter will be heard by SCOTUS. At this point, it is just a question of which team of lawyers get there first. I think Orly’s team will be the first to be heard by SCOTUS on the merits.
As you know there are on-going investigations into BO’s campaign.
Thus, it is likely that the Justice Department does not want to have the civil case heard until all the criminal information is compiled.
But there is always the chance that a lawyer will figure out how to get a case before SCOTUS that is limited enough in scope so as not to interfere with said criminal investigations but broad enough for SCOTUS to rule on the issue of eligibility.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.