SUPREME COURT RULING ON OBAMA'S ELIGIBIILITY FOR PRESIDENT
Supreme court ruling on Obama's eligibility for presidency
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 reason. 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 Barack Hussein Obama II must respond to the writ of certiorari, and since the Berg v Obama case hinged primarily on the question of Obama's place of birth, it is almostinconceivable that Barack Obama will thumb his nose at the Justices of the Supreme Court and he is absolutely compelled to provide a vault copy of his original birth certificate.
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 cast 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.
The inevitable constitutional crisis regarding President-elect Obama, of course, revolves around his inability (or unwillingness) to produce an authentic Hawaiian birth certificate with the raised certificate stamp that the Federal Elections Commission can independently verify.
Here are some of the unanswered issues hanging over the head of President-elect Barack Obama and the question of his American citizenship:
· The allegation that Obama was born in Kenya to parents unable to automatically grant him American citizenship;
· The allegation that Obama was made a citizen of Indonesia as a child and that he retained foreign citizenship into adulthood without recording an oath of allegiance to regain any theoretical American citizenship;
· The allegation that Obama's birth certificate was a forgery and that he may not be an eligible, natural-born citizen;
· The allegation that Obama was not born an American citizen; lost an hypothetical American citizenship he had as a child; that Obama may not now be an American citizen and even if he is, may hold dual citizenships with other countries. If any, much less all, of these allegations are true, the suit claims, Obama cannot constitutionally serve as president.
· The allegations that "Obama's grandmother on his father's side, half brother and half sister claim Obama was born in Kenya," the suit states." Reports reflect Obama's mother went to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during flight. Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, afte which she flew to Hawaii and registered Obama's birth."
· The claim could not be verified by inquiries to Hawaiian hospitals since state law bars the hospitals from releasing medical records to the public;
Even if Obama produced authenticated proof of his birth in Hawaii, however, the suit claims that the U.S. Nationality Act of 1940 provided that minors lose their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, sh forfeited both her and Barack's American citizenship.
DOCKET FOR 08-570
|Docketed:||October 31, 2008|
|Lower Ct:||United States Court of Appeals for the Third Circuit|
|~~~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.|
|Attorneys for Petitioner:|
|Philip J. Berg||555 Andorra Glen Court, Suite 12||(610) 825-3134|
|Lafayette Hill, PA 09867|
|Party name: Philip J. Berg|
|Attorneys for Respondents:|
|Gregory G. Garre||Solicitor General||(202) 514-2217|
|United States Department of Justice|
|950 Pennsylvania Avenue, N.W.|
|Washington, DC 20530-0001|
|Party name: Federal Election Commission, et al.|