I was wondering what your opinion of this would be:) Given the date requested by Berg- is the judge going to answer one way or another by the 15th?
I can't tell.
Berg's legal work in this case does not look like the kind of work you would expect from a sophisticated litigator who had some understanding of how to get this argument to a court.
Lots of things he should have done. And the responses from Obama's counsel are all those you would expect. Lack of standing; no case or controversy; and no subject matter jurisdiction.
Gitmo raised the subject matter issue in another post. Federal courts decide arguments between the parties over matters in their jurisdiction. The simple point your finger at Obama argument is at best a political question which, if he wins the election, gets resolved by Congress.
Berg, and those of us who agree with his position, does have a justiciable argument with: Obama electors in Pennsylvania; Pennsylvania electoral authorities; perhaps electoral authorities in other states. He might have been able to overcome the "no case or controversy" argument by joining a claim that McCain is not qualified either on the same grounds--thus Berg is hurt by not having a choice of a candidate who is eligible to serve.
He is now moving to plug some of those holes. The implication is that he has some help from some qualified counsel.
You would have bet the judge would have kicked this out a long time ago--the fact that he has not is some indication that he intends to allow Berg to present his position. But we will see.