Supreme Court to Determine Legality of Berg v. Obama
The Bear on Nov 11 2008 at 6:46 am | Filed under: Election 08’
Update 10 November 2008: Three items of direct relevance to this subject were just brought to my attention. First item is the draft of a WeThePeople Foundation full-page ad to be published inUSA TODAY the week of November 17, 2008. The second item is a petition to the Federal Election Commission and Mr. Donald McGahan, FEC chairman, to take responsibility to verify the eligibility of Mr. Barack H. Obama to be President of the United States which citizen patriots can sign (anonymously if desired) and submit to become personally engaged in this issue. There third item is found in the third paragraph of the original report below.
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09 NOVEMBER 2008 (Amended): Supreme Court Of The United States (SCOTUS) Justice David Souter has agreed that a review of the federal lawsuit filed by attorney Phil Berg against Barack Hussein Obama II, et al., which was subsequently dismissed for lack of standing is warranted. SCOTUS Docket No. 08-570 contains the details.
A review of that docket and the Rule 10 of the Supreme Court makes abundantly clear that Justice Souter’s granting of a review on the Writ of Certiorari is not a right entitled to citizen Phil Berg, but rather is a matter of judcial discretion based upon a compelling reasons. That compelling reason is the Constitutional requirement that “No person except a natural born citizen … shall be eligible to the office of President…”
What this means is that on or before 1 DECEMBER 2008 Judge Surrick, who presides over the United States Court of Appeals for the Third Circuit, must respond to the Writ of Certiorari (sur-shee-uh-rare-eye) by providing to SCOTUS Justice Souter all documents and court proceedings in the case of Berg v. Obama. The crux of the matter here is that Obama (et al.) filed only a motion to dismiss on the grounds on Phil Berg’s “lack of standing” to file the lawsuit. No information countering Berg’s allegations or challenges to Obama’s status as a natural born citizen were addressed. Judge Surrick agreed with the Obama motion and dismissed the case due to Berg’s “lack of standing.” Justice Souter will most certainly see the specific challenge to Obama’s eligibilty pursuant to the Constitutional requirement for president and subsequently may then issue an order for Obama (et al.) to submit docmentation proving his natural born citizenship status to Judge Surrick, or to provide them directly to the SCOTUS.
Another very salient fact to consider at this time is that, despite all of the pronouncements of the print and broadcast media, Barack Obama is not yet the President-elect of the United States. Barack Obama can only become the President-elect after the Electoral College convenes on 15 DECEMBER 2008 in their respective state capitals around the nation and casts their votes to elect the President and the Vice President. As you can see this election day occurs two weeks after the required response to the Supreme Court granted Writ of Certiorari.
The bottom line is this: the presidential election of 2008 remains an ongoing process, the outcome of which remains undetermined, and all talk about a potential Constitutional crisis in the United States are at least 36 days premature.
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