Berg vs Obama: Response to Supreme Court due December 1
Many bloggers have been aware of the challenge to Barack Obama’s citizenship from Philip Berg, Hillary Clinton supporter and attorney from Philadelphia. I have not followed the situation much because to me, it seems improbable that any merit can be established for the claims. And recently, some blogs are reporting that Obama has until December 1 to produce his “real” birth certificate. What is accurate is that the Supreme Court via Justice David Souter has given President-elect Obama, the DNC and other defendants until December 1 to respond to the court case dismissed by the Third Circuit in late-October.
Here is the Docket entry from the Supreme Court website:
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 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.——————————————————————————–
~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Philip J. Berg 555 Andorra Glen Court, Suite 12 (610) 825-3134
Lafayette Hill, PA 09867
Party name: Philip J. BergAttorneys for Respondents:
Gregory G. Garre Solicitor General (202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001Party name: Federal Election Commission, et al.
I called the number listed on the Supreme Court website: Public Information Office: 202-479-3211, and asked the person who answered if the Obama camp had until December 1 to produce a birth certificate. She said she could not verify the specifics of the case but said Obama has until December 1 to produce a Brief in response to the Third Circuit case No. 08-4340.
UPDATE: Scott at the SCOTUS PIO recommended this document which provides the press with an understanding of stays and writs of certiorari. Most such applications are denied but this one is pending. From the document:
There are several possible scenarios for the disposition of an application:
• A Justice may simply deny without comment or explanation.
• If a Justice acts alone to deny an application, a petitioner may reapply to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application.
In practice, applications usually are referred to the full Court by the second Justice to avoid such a prolonged procedure.
• A Justice may call for a response from the opposition before reaching a final decision. Such responses are usually due by a date and time certain. The Justice may grant an interim stay pending receipt of a response.
• A Justice may grant. If an application is granted by an individual Justice, or if the full Court acts upon one, its disposition is indicated by a written order or sometimes, an opinion. An order granting an application will indicate how long the order will remain in effect—usually until the Court acts on the petition for writ of certiorari. In fairly standard language, the order will often go on to state that if the petition is denied, the stay will automatically terminate, but if the Court grants full review, the stay will remain in effect until the Court hands down a decision on the merits and the mandate or judgment is issued.
Point three appears to be the category of this case. The Obama camp may or may not respond. If the court grants the writ of certiorari, then one might expect to see more reporting about this case.
UPDATE - 12/2/08 - Lisa Liberi from Philip Berg’s office wrote to say that the Solicitor General is only representing the Federal Election Commission. Obama, and the DNC have separate counsel but the Court has had no response from them. According to Liberi, SCOTUS was waiting a week in case the responses had been mailed. A conference date with the full Court regarding the certiorari petition will be scheduled after the week passes. She also noted that Berg has a petition in the works to prevent Electors from casting Obama votes in the Electoral College.
UPDATE: 12/8/08 - Berg today filed an application with the SCOTUS for a stay of the Electoral College vote. A quick check of the docket shows it reflects this filing.
UPDATE: 12/10/08 - Late yesterday, Justice Souter denied Berg’s request to stop the Electoral College from voting for Obama.
Related Posts
Berg vs Obama: A brief update
Berg vs Obama: Dept of Justice Waives Right to Respond to Petition
Berg vs Obama: Update and current status
Donofrio vs Wells: NJ Obama citizenship case slated for SCOTUS conference
UPDATE: 1/2/09 - Add the following events and planned SCOTUS conferences to the above docket:
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.
Apparently, Berg will get his two days in court (1/9 & 1/16).
If it is indeed part of a strategy to weaken the ‘born a natural citizen’ proviso, ‘we the people’ have four years before the next presidential election to pressure our elected ‘defenders of the Constitution to plug the holes so that it doesn’t happen again. A precedent can be both an open door or a warning flag.
But I think it was merely a coincidence that the two who ended up being their parties choice were in such circumstances. Now, if we find out the other top contenders in both parties also had questionable birthplace issues, we could suspect that something was being orchestrated.
LOL. And I still disagree about the conclusion that Obama, himself, is the only.one Hawaii will release to. That wasn’t a law they were quoting; they were making a statement to the press. “The only person with any right to this document is Obama himself–so stop asking already!” (My paraphrase) I still believe that a viable legal request would extend that right to government appointed agents.
Eddy,
.
There’s no such thing as coincidences in national politics.
.
IMHO.
Eddy wrote:
Yeah..now all we gotta do is find someone with enuf HUEVOS to make that ‘viable legal request’ you speak of….any suggestions?
ROFLMFAO
I’ve named my suggestions several times…the current POTUS was my first suggestion ages ago. Other than that, your state representative or supreme court.
LOL. I’m mildly amused that we Obama people are the ones supposedly set out to trash America but that your the one saying that absolutely NO ONE in the government has any… that this current (not near future) that this current government needs a serious overhaul… and you’re reading from the Pravda!
Here is one reason why the question keeps popping up and will continue to do so until officially verified…………………………..
http://www.earthfrisk.com/blog/?p=135
Yeah, I know, it’s a blog, but what the heck……..they have a right to question also and this site (if to be believed) looks like it has gone overboard in their quest to find the answer to the question “Just where, exactly, was Barack Hussein Obama II actually born?”
Eddy wrote:
Actually Eddy, me saying that no one, etc., should tell you something. I am not a republican OR democrat and………..I will stand and speak what I perceive to be the truth no matter WHO is in those elected seats. Heck, I don’t even agree with what most of MY STATE’S senator or rep has to say on most issues…and neither does a lot of people in my State…except for those with their heads buried so far up their respective party’s rear they couldn’t tell the difference between the truth and fiction anyway.
As for Pravda…I don’t think I quoted from them specifically when I said up topic that Pravda was now commenting on this situation (paraphrased here) since I DO NOT include Pravda in my readings at all. However, I will admit to be willing to go to ANY SOURCE and be open minded enough to take a look at their take on any given situation.
I think it’s called being a ‘free thinker’…of something like that.
The Pravda writer is an American who has written for other publications (based in the U.S.) but who found himself utterly frustrated in his attempts to get a berth with any of them in order to report on the Obama and McCain “natural born” issues.
.
Pravda — oh supreme irony — was the only media source which is “national” (indeed, “international”) in scope where he could find some freedom of the press.
.
Ironic, don’t you think?
Eddy wrote:
Well, since this does not fall under the duties of the current POTUS (verification of a person’s eligibility to be POTUS) and since it has now been showed by their unwillingness for anyone to object when Congress did their thing today…..and since it is OBVIOUS TO A BLIND PERSON that SCOTUS has turned tail and refuses to do THIER SWORN DUTY………………any other suggestions?
I maintain that defending the Constitution is one of the primary responsibilities of the POTUS. If G W were to step up and say, “I’ve been hearing talk, strongly divisive talk, about whether our President elect has the Constitutional right to become President based on the circumstances of his birth. Our nation can’t afford division at this juncture and I feel it’s exceedingly important to bring this matter to a conclusion. I am requesting the State of Hawaii to turn this document over to ________ who I have designated as my official representative in this matter.” If only…if only…. He’d get to exercise his lame duck legs and, if he handled it tactfully, wouldn’t suffer in his post-Presidential pursuits.
I knew it would only be a matter of time before someone in the Obama support group would get around to blaming this all on Bush!
ROFLMFAO
Oh Jeezzzzzzzz…how funny! I literally cannot stop laughing…..and that’s a shame cause I really need to go to bed now since I have to get up really early in the morning for work.
DAGNABIT Eddy…..why did you do this to me?
Ha Ha Ha Ha He He He He He He………oh C R A P………Bwaaahahahahahah!!
G’night Gang!!
Hey Eddy…before I go to bed…..please let us know what you think the reaction would have been out of the Dems had G.W. done what you suggest…please?
I can’t wait to hear this one……………………..but I’ll just go to bed a laugh myself to sleep…………….hopefully.
G’night
Can’t believe you’re laughing because I am dead serious. I made the suggestion somewhere up in the first 200 posts. If the risks to our country and our Constitution are as critical as you’ve all been saying, and, absolutely everybody, including the top dog, can stand around and say ‘it’s technically not my job’…then your worries are needless because we’re already down the toilet.
Sleep well!
To Crazy Greek: Thanks for the comments. I find Edwin Vieira, Jr. logic fascinating.
Other articles linked are as follows:
http://www.newswithviews.com/Vieira/edwin84.htm
http://www.newswithviews.com/Vieira/edwin186.htm
http://gunowners.org/by-edwin-vieira-militia/
I have included all the Vieira links that I have in this spot. The militia article is a group on http://www.gunowners.org. Look at #4. Vieira is a real Constitutional scholar. Basically, I was going after Rich’s position, and so far he has not answered me. I do not think he can effectively and logically do it. I am determined not to live in the land of Obamalot!
Hugh,
.
Vieira’s articles are excellent, and the article at http://www.newswithviews.com/Vieira/edwin186.htm (IN THE SHADOW OF NEMESIS) should be require reading by all Americans, especially attorneys and pro se litigants.
.
Juan
I apologize if someone already posted this, but the Broe lawsuit in Washington State was dismissed by the Washington Supreme Court today.
http://www.tri-cityherald.com/945/story/438851.html
Rich,
That was certainly an interesting read.
It simply blows my mind that qualifications to be Potus are so simple and yet these qualifications do not have to be verified when any one single indivdual questions the candidates eligibility. Once proven in the court of law , No other doubt of eligibility could or should have standing.
Maybe the worse case scenario in that article will take place in the year 2012 and we’ll have a New World Order. Skull & Bones anyone? Free Masons?