Posted on 10/25/2008 1:48:50 AM PDT by Dajjal
A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
[snip]
In a 34-page memorandum and opinion, the judge said Berg's allegations of harm were "too vague and too attenuated" to confer standing on him or any other voters.
Surrick ruled that Berg's attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were "frivolous and not worthy of discussion."
[snip
Berg could not be reached for comment last night.
[snip]
(Excerpt) Read more at philly.com ...
There are at least 8 other suits out there. Are none of them going anywhere? It is not a distraction from “real issues”. Eligibility to be president is much certainly a very real issue.
bump
By the way, there are now similar suits in several states.
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I read there is a suit in Utah. I will call my Utah friends and ask them to put pressure on their elected representatives. Hopefully, the Republicans will follow through with this on the state level.
After this? Probably not, unless one of them uses a different tack than Berg used. If they're identical then they'll probably all be dismissed for the same reason using this case as precedent.
Looks like the person with the inside track at this district court has not yet received the news as 7:52 AM this morning:
Actually, the way to bust this open, and to guarantee the election for McCain, would be to have Sarah Palin on for 30 seconds *IMMEDIATELY* following the Obama 30-minute ad buy.
She would say this:
My fellow Americans, there has been controversy over the legal status of John McCain to serve as the next President, given the Constitutional requirements for citizenship.
John McCain has already supplied his.
No other candidate in this race has done so.
Therefore, I have this offer for Senator Barack Obama:
"I'll show you mine if you show me yours."
LANDSLIDE.
Cheers!
And I'll bet that Berg doesn't even file an appeal. He never has before on similar lawsuits.
I believe one was filed by a Secretary of State. If they don’t have standing, then no one does. How is it possible that a candidate for the presidency does not have to provide proof of being a natural born citizen?
Because there is no law designating a process for doing so. No federal agency is tasked with checking presidential qualifications. Not a single prior presidential candidate has been required to do so. It's one of those things that has kind of fallen through the cracks. It'd be nice to think that the situation will be rectificed by Congress, but not with the Democrats in charge.
Frau Brunner (horses whinnying)whatever, they should throw out Ohio's electoral votes.
So?....If Berg has no standing to sue Obama, how can a state assure that Obama is indeed qualified ( under the Constitution) to run? Is there a solution to the conundrum?
Hi! Do You also get Axelrod his coffee and paper in the morning before he pulls his puppet, Obie, out of the storage box for the next day’s hoaxes?
This case is an example of new juridicial waters never chartered before.
It should not be unreasonable for voting citizens to be given adequante assurance that the candidates on the ballot for the POTUS are constitutionally elligible.
I’m not sure that there are any past cases where a candidate has so many inconsistencies in his citizenship story, such as Obama, that a judge was compelled to force the candidate to produce his long-form original birth certificate. If there is, someone should cite these a precedence.
You would think that common sense would prevail. Apparantly, the judge seems to be stating that forcing Obama to produce his long form BC is somehow a violation of Obama’s civil rights, despite the fact that he is on the ballot for POTUS. All this despite the fact that Obama and his lawyers are fighting tooth and nail to avoid providing proof that he is constitutionally elligible.
Has anyone out there thought of petitioning for a Writ of Mandamus to be served upon the Supervisor of Elections to determine the eligibility of all presidential candidates to be on the ballot?
"A nation can survive its fools, and even the ambitious.
But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly.
But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself.
For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men.
He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist.
A murderer is less to be feared."
-- Marcus Tullius Cicero
LETS ROLL!
Scary. And there is nothing we can do about it.
Berg can appeal to the Supreme Court.
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