Free Republic

*** "After reviewing the moving and opposing papers, the Court finds no factual, legal, or bias grounds upon which to grant the motion for reconsideration. Counsel largely repeats the same arguments made in her briefing and oral argument on the Motion to Dismiss, which is prohibited. To the extent that she does present new argument, it is without merit and does not meet the standard for reconsideration. The Court’s ruling that it lacks jurisdiction, and that Plaintiffs have failed to state a claim on their remaining causes of action, stands." The Amended Motion for Reconsideration is DENIED.

Phil Berg and Larry Joyce have filed an (a) Emergency Motion to File Amicus Curiae Brief in Hollister Appeal; and (b) Amicus Curiae Brief.

Excerpt: Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents. Just as a person “born within the British dominions [was] a natural-born British subject” at the time of the framing of the U.S. Constitution, so too were those “born in the allegiance of the United States [] natural-born citizens.”

* * * In sum, we agree with the District Court that Berg lacks standing to bring this suit because he has suffered no injury particularized to him. A prerequisite of standing is that the litigant has suffered or will suffer an injury in fact that is caused by the complained-of conduct by a defendant and that can be redressed by the court. Taliaferro, 458 F.3d at 188. An “injury in fact” is “an invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical.” Lujan, 504 U.S. at 560...

Excerpts: "Before the Court is Defendants’ Ex Parte Application for Limited Stay of Discovery (the "Motion"). The Court finds the Motion to be appropriate for decision without oral argument. FED. R. CIV. P. 78; Local Rule 7-15. After considering the moving and opposing papers thereon, and for the reasons set forth below, the Court hereby GRANTS Defendants’ Motion." *** "The Court hereby GRANTS Defendants’ Ex Parte Application for Limited Stay of Discovery. All discovery herein shall be stayed pending resolution of Defendants’ Motion to Dismiss, except for any discovery as to which Plaintiffs can demonstrate, to the satisfaction of Magistrate...

COMPLAINT FOR DAMAGES, DECLARATORY JUDGMENT, and INJUNCTIVE RELIEF: 10 U.S.C. §938 and Army Regulation 27-10 COUNT I: DECLARATORY AND INJUNCTIVE RELIEF DUE TO UNCONSTITUTIONAL STATUTES, ILLEGAL ORDERS, AND LACK OF ADMINISTRATIVE OR LEGAL REMEDY COUNT II: INJUNCTION AGAINST RETALIATION FOR CONSCIENTIOUS OBJECTOR STATUS COUNT III: DECLARATORY JUDGMENT: EXECUTIVE ORDERS OF Jan. 21, 2009 COUNT IV: Declaratory Judgment & Permanent Injunction PLAINTIFF SEEKS A FIVE-PART DECLARATORTY JUDGMENT AS WELL AS A PERMANENT INJUNCTION TO PROTECT CONSCIENTIOUS DISOBEDIENCE TO UNLAWFUL ORDERS FROM RETALIATION COUNT V: AN OFFICER’S RIGHT OR DUTY TO CONSCIENTIOUS OBJECTION TO AN UNCONSTITUTIONAL PRESIDENT? COUNT VI: ADMINISTRATIVE PROCEDURE ACT---5...

Findings from the Personnel Board report: 1. There is no probable cause to believe that Governor Palin violated the Alaska Executive Ethics Act by making the decision to dismiss Department of Public Safety Commissioner Monegan and offering him instead the position of Director of the Alaska Beverage Control Board. 2. There is no probably cause to believe that Governor Palin violated the Alaska Executive Ethics Act in any other respect in connection with the employment of Alaska State Trooper Michael Wooten. 3. There is no basis upon which to refer the conduct of Governor Palin to any law enforcement agency...

The decision was handed down today – it is a long and well-reasoned analysis. *** Today’s decision is not the result of a conspiracy, nor is it the result of a biased or unprincipled judge. I have made a good living working in out nations courts and have the utmost respect for them. I would hope all patriotic Americans would feel the same way and avoid making unfounded scurrilous remarks about the judge or the judicial system. *** Now, the decision. There are two parts – first the response on the State’s argument that the Board of Elections is not...

Won't discuss and spread the info, but it's available at link. :::sigh:::

After days of watching in silence, McCain calms the crowd at his Minnesota town meeting. “I want everyone to be respectful. And let’s make sure we are, because that’s the way politics is done in America.” Tells one supporter who says he’s scared of an Obama presidency: “I have to tell you, he is a decent person, a person that you do not have to be scared [of] as president of the United States.” After a woman calls Obama “an Arab,” McCain interrupts to say: “No, ma’am. He is a decent family man, citizen