Obama’s eligibility appears to be a go go from The Supreme Court. Oh no, no, no some will say. Numerous court cases have challenged President Obama’s natural born citizenship under Article II, Section 1 of the United States Constitution that says that the president be a “natural born citizen.” All have been met with the same outcome as today- Denied.
Phil Berg originally filed his suit against Obama and others way back in August. It has taken five months to get the official word from the Supremes that his petition for certiorari is denied before judgment. It should come as no surprise that The Court offered no explanation but note the court said, denied before judgment. http://4.bp.blogspot.com/_R-l1iejogZw/SWtjunekRMI/AAAAAAAAB7I/QNmswBBRZcQ/s1600-h/Berg+Cert+Denial.bmp Humph, denied should be denied, but ya never know.
It did allow, “The Motion for Bill Anderson for leave to file a brief as amicus curiae is granted.” (http://www.techlawjournal.com/glossary/legal/amicus.htm ) I wonder what relevant matter not already brought to the Court’s attention he could offer? The Anderson brief in its entirety can be found here http://wthrockmorton.com/wp-content/uploads/2008/12/joyce_anderson-amicus-final.pdf and also at http://www.freerepublic.com/focus/f-news/2145354/posts The meat and bones of the amicus is—
“The amicus is a citizen of the State of Arizona and an elector of that state for elector for President of the United States. He voted in the general election held by the State of Arizona on November 4, 2008. This Court has in fact recognized that the amicus has an interest in this type of case. See United States v. Newman, 238 U.S. 537, 547, 35 S.Ct. 881, 883, 59 L.Ed. 1446, 1450 (1915); and the same holds true for the petitioner. Ibid. Your amicus submits that it will not be possible for this Court to dispose of this case properly without considering the following points which either have not been brought to the attention of this Court by the parties or which have not been adequately discussed: 1.) This Court is not facing a question of the constitutional aspects of standing, but a question pertaining to the prudential considerations only; and, 2.) The lack of an adequate remedy following the inauguration of Barack Obama, 2 and the potential civil and military crises which could arise therefrom, crises that could not be readily addressed by the ordinary processes of the law, must be considered in addressing the prudential aspects of standing; and, 3.) With respect to the prudential considerations of standing, certain aspects of this case are analogous to the doctrine of res ipsa loquitur.”
Jeff Schreiber of America’s Right http://www.americasright.com/ has shared his insights into the Berg case with objectiveness and professionalism. He was in the Clerk of Court’s office in the Federal Courthouse in Philadelphia doing part of his job as a legal writer and reading the civil cases that had been filed that day including Berg’s. I encourage any reader here to follow his blog and note Berg’s recent reaction to the denial. I look forward to his thoughts on Anderson.
Truth In our Time and numerous bloggers are convinced that, “Courts throughout the USA aided and abetted the usurpation of the Presidency by refusing to hear cases challenging the citizenship of Barack Obama, now, major media is doing the same thing.” Citing network news refusal to broadcast a commercial questioning his citizenship- the video can be viewed at the site http://www.truthinourtime.com/2009/01/obama-citizenship-commerical.html.
Does Obama have divided loyalties? I doubt it. Really, the minute Obama would act to place Kenya or Indonesia above the best interests of the USA, the wrath of the domestic and foreign media, Congress, the Senate and even Nancy Pelosi would jump to attention and outrage. Wouldn’t they?
Is Obama factually eligible? I don’t know. http://www.obamaconspiracy.org/2009/01/natural-born-citizenship-for-dummies/ offers a pretty good glance at the issues but still no solution. Perhaps the entire language of what makes one an American is extinct and moot. A large reference to citizenship cases and notations can be found at http://tesibria.typepad.com/whats_your_evidence/the-natural-born-citizenship-clause-updated.html.
Whatever the evidence may bear in the future, on January 20, 2009, Barack Hussein Obama is most likely going to place his hand on former President Lincoln’s Bible and swear to the duty of allegiance to the United States of America. This bond will be administered by Chief Justice Roberts who will carry out his ceremonial duty of swearing in the next President of the United States. If Roberts was to consider the possibility that he is swearing in a man who doesn’t meet fundamental eligibility requirements, I imagine he would be removed unceremoniously and rapidly from the bench. Or perhaps made a hero to those who seek the legal means to force Obama’s citizenship discloure. Maybe the failure to deny Anderson will be enough for pause. Berg, Donofrio and others have certainly made their cases before the justices and while not hearing the cases formally, must be aware of Obama’s current question of ineligibility for the office he is about to be sworn into.
The Supremes have once again spoken in saying nothing, and by leaving the Anderson Amicus hanging have further blurred the waters.
Obama, by delivering his official birth records to support his compliance with the Constitution and his professed transparency in government would alleviate future burdens on The Court and her people. I don’t think we can hold our breath that long. Instead, we’ll watch a new chapter of American history unfold with a democrat, black man leading our destiny either for the next four or eight years, unless a court forces him to prove his citizenship and it turns out he is ineligible. I pray for a sufficient bond of union between Obama and America to allow him to make worthwhile choices in keeping America the land of the free and home of the brave.
God Bless America.
Supremes deny Berg, but questions about Obama’s birth record persist
The Supreme court denied Philip Berg certiorari today, but questions about Obama’s birth record persist. He has never provided his long form birth certificate even after several lawsuits. Instead, he has fought in court to keep it a secret document. On January 20th Barack Obama will enter the White House under a cloud of suspicion about his status as a natural born citizen. This is a shame. All he had to do was shoe the document. This is a slap in the face of every American who cherishes the Constitution.
So bottom line, the Supremes can Stay the Inauguration simply on the basis of potential catastrophic harm to USA were Obama deemed inelligible LATER while not having to address the merits of the Berg case now back at the Court of Appeals.
Pretty nifty!
First, that’s right, Berg’s petition with the Supreme’s correctly allows Berg to continue on at the Court of Appeals, yet the Supreme’s are retaining the Stay possibility coupled with the amicus case, which is not dependent on Berg. So Stay is not moot. And Lightfoot currently addressing Stay of Inauguration as well.
People are getting hung up on the phrase “before judgment,” but it has no significance.
Berg filed what is called a “petition for a writ of certiorari before judgment.” What this means is the Berg filed the petition before the lower court had formally entered the judgment which dismissed the lawsuit. This happens frequently and it simply alerts SCOTUS to the fact that the lower court had yet to formalize the dismissal.
In its decision today, SCOTUS was simply correctly noting that Berg’s petition was a petition that was filed before judgment, as opposed to a petition filed after judgment. Apart from that, the wording has no significance. The case is not going back to the lower court. It is dead, although Berg conceivably could file a motion for reconsideration — if so, that will be denied as well.
The mention of the amicus brief appears to have been just a matter of housekeeping. It was filed on December 1 but SCOTUS never took any action on it, so it looks like it was simply a loose end to tie up.
The application scheduled to be conferenced next Monday is a for “an injunction pending the disposition of the petition for a writ of certiorari.” Since the petition for cert is no longer pending, the application is moot, so it likely will be removed from the conference schedule or summarily rejected.
The Lightfoot application is for a stay to prevent the California electors from voting. Since the California electors have already voted, this appears to be moot. In any event, it will be denied as well.
Here’s what’s happening:
1. Berg’s case is going down to the Court of Appeals.
2. Supreme Court has nevertheless accepted the amicus brief that, regardless of Berg, Supreme Court MUST issue a stay until the matter is resolved (either at the Court of Appeals or through one of the other actions now before the Supreme Court or Obama voluntarily withdraws for the peace of the country) because it would be catastrophic damage to USA if Obama were inaugurated and LATER determined inelligible (that is, because all actions by the Federal Government under an inelligible Obama would be void or voidable).
3. Supreme Court currently has a Stay set for Conference on 1/16/09 and can Stay the 1/20/09 Inauguration of Obama to be replaced by the swearing in of Biden under the 20th Amendment (at least to serve as Acting President until the Obama constitutional elligibility is resolved).
4. Alternatively, the Supreme Court can retroactively Stay (after 1/20/09) — say on 1/23/09 at its scheduled conference on the Lightfoot case — the Obama Inauguration until the eligibility issue is resolved