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.

[ConservativeMind]

Read up from web sources, then report back.

Start here:

http://en.wikipedia.org/wiki/Natural-born_citizen

[bvw]

You have no idea who looked at what, who considered what nor why was done any thing that was done. Take the hat off of your face when talking, why don’t you.

[bvw]

Hard to herd stray cats.

[jamese777]

Lurking:”Every case is “listed” for a conference— it couldn’t be denied otherwise.”

Do you understand what “conference” means?? Obviously not all cases presented to the Judges go to conference. Conference is when all (or most of) the judges meet and discuss the eligibility of the case. To get to conference, one of the judges must accept the case to conference.

---

That’s not exactly the way the Supreme Court works. The justices’ law clerks review all Petitions for Writ of Certiorari (requests to hear cases before the Court). The law clerks write briefs for the Justices on the pertinent issues involved in each case. In conference all the cases seeking Writs of Certiorari are presented and the “rule of four” prevails. The petitions are divided up between the Justices and it takes four justices to grant certiorari or agree to actually hear a case.
Berg v Obama has been in conference twice already and was denied. First it was presented by Souter and then by Kennedy. The justice presenting the case can often have little bearing on whether it will be accepted or not. The presenting justice is usually not an advocate for the case one way or the other. They just equally divide up the labor. It is called “the cert pool” which is dividing up the cases for presentation. Justices Alito and Stevens have opted out of participating in the “cert pool.” So in fact the labor of presenting cases falls on 7 Justices and their law clerks.
The Chief Justice prepares a list of cases that he thinks should have full discussion before each conference. Any other justice may also add cases to the list for discussion. Any case not accepted for discussion in conference is automatically denied without comment even though it appears on the “scheduled for conference” list. That Berg v Obama is listed for conference does not mean that it is on the list for full discussion. It has been denied without comment twice before.
A procedural problem for Berg v Obama is that Berg did not submit the case to the US Court of Appeals after he lost at the US District Court level. The Supreme Court usually likes to get the majority of its cases from the U.S. Court of Appeals. They might not hear it on procedural grounds alone, but not necessarily.

[trumandogz]

I don't think that a Wikipedia entry is admissible in court.

Now, can you find something in the Constitution, Legislation or Case Law that defines Natural Born Citizen?

[devere]

“Are you really sure that all of my 11,000 posts in four years have been to defend Obama?”

No one knows what motivates you. You mistate facts, and appear to be an Obama troll, but as you point out you have been enrolled here for four years. Are you perhaps a Democratic sleeper agent who first enrolled for the Kerry campaign?

[trumandogz]

Well, for some reason the cases have not been referred to the Full Court.

And nothing can be done to stop the 1/20 inauguration unless a case goes to the full Court and they decide against Obama.

[Colorado Cowgirl]

Yes, But I’m sure some would differ, because of his mothers age at his birth, or his fathers nationality. That is why the Supreme Court should give their blessing to this mess. Because I quit practicing law without a license.

[ConservativeMind]

No, it isn’t, but the items it references can be admissible in court.

Look at the “Case law” area on the link.

[trumandogz]

The SCOTUS does not seem interested in this case, the 50 governors did not seem interested, the entire membership of the EC did not seem interested, the entire House and Senate does not seem Interested and the Vice President does not seem interested.

Any of the above people could raise objection to BHO’s status as a natural born citizen, but not one of the above people have done so.

[ConservativeMind]

You are apparently the kind of person who, if others think something, then you must.

Here’s one for you: There are over 1 billion people who think Islam should be followed by all.

Why don’t you go join them, Mr. Follower.

[Bubba Ho-Tep]

"Natural born citizen" is very precisely defined

Where?

[real_patriotic_american]

Isn’t there also a Berg case going to “Conference” with SCOTUS on January 9, 2009? It was previously reported that way.

Also, there is a case, Broe vs. Reed, in the Washington State Supreme Court for January 8, 2009 challenging Obama’s non-citizenship. Subpoenas have been served.

http://www.rallycongress.com/constitutional-qualification/1244

[trumandogz]

Do you mean Case Law as in Plyler v. Doe where the Court ruled that the children of illegal aliens could not be denied protections granted under the 14th Amendment.

[mlo]

"They offer no constructive alternative; just passively accepting the death of the U.S. Constitution as our governing document."

Huh? How would the case's failure equate to the death of the constitution?

[trumandogz]

Well, I have lived in an Islamic country and have worked in perhaps a dozen Muslim countries and even married a Jewish woman while remaining a Catholic.

[freekitty]

Were the either two cases discussed or thrown onto the ashcan heap of history?

[TonyStark]

2) No, he wouldn't be. "Natural born citizen" is very precisely defined, and it is quite a bit more restrictive than just "citizen". Try these:

Could you please cite the place in the Constitution, Legislation or Case Law that precisely defines natural born citizen?

http://www.uslaw.com/library/Academic/Natural_Born_Citizen_McCain_Papers_Comment.php?item=230437

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1263885

Also, I'd like you to clarify something. Is your argument that "natural born citizen" isn't definable, and therefore no grounds on which to challenge an Obama presidency? Or is it that Obama is a "natural born citizen"?

[mlo]

2) No, he wouldn't be. "Natural born citizen" is very precisely defined, and it is quite a bit more restrictive than just "citizen".

Where is this precise definition and what is it?

[BP2]

This 1972 photo provided by Na Opio, the yearbook of Punahou School, shows Barack Obama, in back row, third from left, posing with

his 5th grade class at the Punahou Elementary School in Honolulu, Hawaii. (AP file photo)

A Black baby, born to a White mother, taken care of by a White grandmother, with no father around, in a relatively populated part of the large island should have been rather noticeable in the 1960s -- especially in Hawaii (vastly White and Asian races).

According to the 1960 Census, Blacks made up 0.8 percent of the Hawaiian population; in the 1970 Census, it was 1.0%...

Census year	Total population	White	Black	American Indian, Eskimo, and Aleut	Asian and Pacific Islander	Other race	Hispanic origin (of any race)	White, not of Hispanic origin
1960 (people)	632,772	202,230	4,943	472	413,125	12,002	(NA)	(NA)
1960 (percent)	100.0	32.0	0.8	0.1	65.3	1.9	(NA)	(NA)
1970 (people)	768,561	298,160	7,573	1,126	443,292	18,410	(NA)	(NA)
1970 (percent)	100.0	38.8	1.0	0.1	57.7	2.4	(NA)	(NA)

 

And yet, no one can come forward and corroborate his birth at ONE of the TWO hospitals at which he says he was born; and none of his neighbors before he attended Punahou Elementary know about him:

But that's okay -- no one from this picture seem to remember the charismatic President-Select either, nor can any of his college work at Harvard, as Editor of the Harvard Law Review or otherwise, be found...

Handout photo from the Harvard Law Review, showing Barack Obama (at center of photo) as president of the Harvard Law Review 1990-1991.

 (AP Photo/Obama Presidential Campaign)

Believing whatever the MSM tells you is like being a...