Obama Birth Certificate Ruling Going to Supreme Court on Appeal
Phillip Berg lawsuit questioning Obama citizenship is going to the SCOTUS on appeal. As predicted, Judge Surrick’s dismissal ruling slaps in the face of American citizens to challenge the Constitution. If it is not the citizens who have “standing”, but Congress as Surrick ruled, then we as a nation are heading for Constitutional crisis that may have no remedy for relief.
Attorney Phillip Berg announced earlier this evening on his website his intention to appeal Judge Surrick’s dismissal of his case. The announcement as follows tells the entire story:
This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?
So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.
According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.
Once again, if we as the citizens of this nation do not have the standing to take our concerns to the Courts about a candidate meeting qualifications for office, apparently this nation isn’t “of the people, by the people, and for the people”. My interpretation of the Constitution tells me that I have every right to appeal to the courts of this nation for addressing any issue I have in any venue that I might desire when it comes to matters of law and particularly the Constitution of this nation.
I can assure you that a failure of the Supreme Court to hear this case is going to hit square in the face of many Americans. The message that will send is going to be one that our nation’s leaders may not be prepared to hear and it will be one of much protest and much amazement at the utter disdain for the people of this nation by our Courts in particular, and our Government in general.
Perhaps Mr. Berg sums it up best in the last paragraph of his statement-
Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.
Definitely, the next few days are going to be one that will need to be watched very carefully as to what the SCOTUS will do in either accepting this case on appeal or any resulting ruling.
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Tags: 2008 Presidential election, Berg lawsuit, obama citizenship, obama citizenship lawsuit
Because it has been shown, shown again, verified, certified and attested to. NOT to mention the posting in the Honolulu Advertiser in August of 1961 showing his birth in Honolulu. Oh wait, that was done so that 47 years later a person named Barack Obama could run for president. WOW – now that is some conspiracy!
Why do you fools keep beating this poor, sad, pathetic horse to death? Don't you KNOW that all of the vettting of Barack Obama would have been done BEFORE he ever started his run for office?
Of all of the ridiculous things the repukes have ever come up with, this one is beyond the pale.
Tom:
Several years ago, I applied for a job, and as part of filling out the I-9, to prove that I was entitled to work, I produce a wallet-sized copy of my birth certificate. No one questioned it.
I've followed this controversy for some weeks, and as far as I have been able to see, the appropriate state officials in Hawaii have vouched for the accuracy and authenticity of the document that Barack Obama has posted on his web site.
Of course Philip Berg has responded by insisting that there is a better, more official version somewhere, and he wants that. So is the Obama camp "hiding" something, or is the Obama camp insisting that if Mr. Berg wants to bring a lawsuit, he must comply with the rules of a lawsuit? The rules of a lawsuit require that the plaintiff [Berg] prove standing before he can compel discovery. Berg, an attorney, knows this, and after ll, Berg decided that a civil suit was the most appropriate way to bring these issues up. However, having selected the forum, erg promptly decided he could rewrite the rules. He announced quite loudly that Obama had admitted to having been born in Kenya. What he meant was actually that Obama had not filed responses to Berg's Requests for Admission. But even this statement was not true, and to make it, Berg again had to change the rules. Requests for Admission are a discovery device. When Berg served them on Obama, Obama had a certain period of time in which to respond. His response could take any one of four forms: he could admit; he could deny; if he does not know and cannot reasonably find out, he can deny for lack of knowledge; OR he could file a pre-emptive motion.
Obama did file a pre-emptive motion. He moved to dismiss Berg's entire suit for lack of standing. A motion to dismiss stops the entire discovery process, so that all of Berg's requests for omission are put on hold until that motion is decided. The time for responding just plain stops dead while the motion is pending.
Did Berg know about the motion? Of course he did. He filed a brief opposing the motion.
Did he know that his Requests for Admission were on hold until the motion was decided? As a lawyer, practicing in federal court, Mr. Berg is required to know the basics of federal court procedure, and this is very, very basic stuff. So was Mr. Berg being candid and straightforward when he posted announcements on the Internet saying that by failing to respond in a timely manner, Obama had admitted that he had not been born in the United States?
I for one find Mr. Berg's behavior in this lawsuit at best questionable. Berg has stated that unless Senator Obama can produce a birth certificate adequate to satisfy Mr. Berg, then Senator Obama should be made to respond to criminal charges for his alleged fraud. But Berg started this lawsuit. He chose to go to federal curt in Pennsylvania. He chose to plead that he did have standing. He served Requests for Admission. He has insisted that the procedures of the federal courts are the procedure by which he can require that Barack Obama prove his citizenship or else be disqualified from standing for election as President.
Where Mr. Berg has done all of this, I think the Obama camp can say to Mr. Berg that he must comply with the rules of the forum which Mr. Berg has chosen for himself. And that means that Mr. Berg must prove that he has standing before he can compel discovery.
Given the way Mr. Berg has involved the authority of the federal court and then publicly flouted its procedures, I do not think Mr. Berg is in any position to argue that Mr. Obama, or anyone else, needs to kow-tow to what Mr. Berg wants.
And I hope that in its conference, the Supreme Court will end Mr. Berg's pretensions, so that the entire nation can get on with life.
How can I argue with a cogent, highly persuasive declaration like that? Golly, three years of law school and thirty years of practice, and here I am, still an idiot.
Okay, perhaps so. I don't know Philip Berg so as to be able to defend his character. However, two things: 1) if his case is specious, why has the SCOTUS ordered the DNC and Obama to respond? and 2) Doesn't it make you wonder why it is that Obama has never been willing to produce legal documents to prove he is a natural born citizen?
What a truly useless post.
Amazing how well versed in non-commentary our little mental midget has become.
Say hello to the world "Bob"…then you can say goodbye to posting again on this sight.
I WELCOME debate, but detest ridicule and abhor STUPIDITY even more. Since your only contribution seems to be name calling, misguided rhetoric and even more misinformed "facts as you see them", then please, do the world a favor and never come back here again.
My recollection is that this issue about his birth certificate was addressed by the State of Hawaii who has his original birth certificate. I also recall that one of his professors at Harvard Law School stated that Barack was the most exceptional of the 5000 students before Barack and that is still the same for the 5000 since Barack. I have great expectations for Barack because he is very smart and very pragmatic and is not an ideologue. I suggest you all read books like Plan of Attack, State of Denial, etc. to understand why we are in the mess we are in. We need intelligence in the White House.
Jerome, Tom was wrong, your much worse than an idiot you're a educated idiot.
I am glad that you are amazed. Although it doesn't seem to take much with this group.
I do, in fact, understand the current meaning and the origin of Neocon. I think the current condition of the Neocon is better described by the the term I used before: Neo/Conspiratorial/Conservatives or NeoConCons.
Also, why should it make a difference if Berg is a Democrat or not? You people may want to believe that you have the monopoly on lunacy, but you don't. There just isn't great depth or anything that resembles sound reasoning behind your brand of nuts.
By the way, I am looking to sell a magic bridge if anyone's interested. I'll even throw in a fig newton shaped like the Mother Mary.
All this debacle about Obama’s ancestry is puzzling.
From all that is read one can get a Diploma as a Brain
Surgeon if your job was pushing a Hospital Trolley.
If any body thinks he was born in an African state
(Kenya or surrounding Territories) at his Birth time
these countries were under British Rule. Try the Records
Office for Births,Deaths & Marriages open to the PUBLIC
In London. All colonial records are housed in this Center.
It is making the USofA a laughing joke when the man who
is President cannot produce a simple document. Seems
like everyone else has some version. Which is is the true
version???. What about the National Census records????
And your own Central Records of Births,Deaths & Partnerships?
If not cleared up soon there will be a Mutiny in the
Armed forces. Who they risking life and limb for?
This could spill over to Civil war on the Home Front.
Beware!!
Seems to me all this debate would go away if Obama just produced the Birth Certificate. Instead he hides behind laws. Obama, if you were born in Hawaii, show us. If you were not, continue to hind. It is simple. P.S. a certificate of live birth is not a birth certificate, neither is anybody stating he has a certificate, and you just can’t see it.
As Obama has shown us when his lips move he’s lying. Listen to the state of the union address when he makes fun of the people who question his birth certificate it makes me wonder. All the checking on the internet I find no conclusive proof he was born in the US. That combined with the fact he refuses to release the documents only lead a sane lucid person to belive he has something to hide. If it is proved that he in fact was not born in the US I want Obama and all the people who helped him pull this hoax on the American people to be tried as traitors. That includes the FEC, Polozie and all the state electors. No pun intend, but Obama THE JIG IS UP.
So what is fishy…
From what I remeber from the news of events in order:
1. Obamas Birth Certificate is questioned
2. All of the Sudden Obama says he is going to visit a sick relative in Hawaii
3. Obama meets with ?? who was it, some high up politician in Hawaii, and the meetings subject???
4. Hawaii releases Birth Certificate…
5. Birth Certificate does not contain all the information found on a normal birth certificate, but none the less the issue gets dropped by some.
So, Logic tells me something is fishy, it sounds very suspicious to me, and why did he wait. Most media and newspapers don’t tell a non favoritist opinion, which make things even harder to believe anyway. Then we the Public never get told, asked, and we sure don’t get represented in politics, at least not the majority of us.
There are too many things wrong with our Politicians, and too many secrets. With no checks and balances on our politicians, what did we expect. To think our forefathers have died for our country and our country to be now failing like this is just the most sad thing. I myself only trust the printed proof these days, not media, and defintely not the internet for the most part concerning politics.
Sounds Fishy
Under article 2 ofthe constitution, No Person except a natural born Citizen, or a Citizen of the United States at the time of the ADOPTION of this Constitution, shell be eligible to the the office of President.
The Constitution starts WE THE PEOPLE, The Congress did not do their JOB in checking where the President was born.
Since it has been so hard to obtain info on any of Obamas’
birth place(s) has anyone tried to get info. from his
mothers’ passport on her where-a-bouts at the time and date
he claims for his birth date?
No birth certificate? No citizenship. Real simple. Now get out of my house on Pennsylvania Avenue!
B.H. Obama, you are truly pathetic representation of America. You ARE NOT the first black president. He has yet to be elected. You are as much white as you are black. Get over it. See you’ve even deceived the hopeful blacks in America.