Philip J Berg lawsuit, US Supreme Court, Update December 2, 2008, Emergency Injunction, Writ of Certiorari deadline, Obama and DNC have not responded
Jeff Schreiber has provided an update from Philip J Berg on his US Supreme Court Writ of Certiori.
“One day after the deadline set by Supreme Court Justice David Souter for Barack Obama and the DNC to respond to attorney Philip Berg’s Petition for Writ of Certiorari has passed without an answer, Berg is filing a motion in the Court in an attempt to further prevent Obama from taking office in January as the 44th president of the United States.
From what I could gather, the emergency motion for immediate injunction contains two main parts — in filing the motion, Berg is looking for the Court (1) to prohibit the certification of electors by the governors of each individual state in order to stay the Electoral College from casting votes for Obama on December 15, and (2) to stay the official counting of any votes for Obama by Vice President Dick Cheney, the House of Representatives and United States Senate on January 6, 2009, pending any decision on his appeal.
“As I’ve said over and over and over again, we’re headed toward a constitutional crisis, and it is absolutely imperative that we find out now, before he is sworn in, whether Obama is qualified under the United States Constitution to be president,” Berg said.
“It is my firm belief, my one thousand percent firm belief,” he said, “that he does not meet the natural born qualifications, that he should not be voted for by the electors, and that he should not be sworn in this January unless he shows his credentials … which he of course cannot, simply because he does not have them.”
The motion comes one day after Obama and the DNC were directed to respond to Berg’s Petition for Writ of Certiorari (the parties, however, are allowed two more days for mail service). On Wed., Nov. 19, the Federal Election Commission formally waived its right to respond to Berg’s petition and, while such waiver is not necessary, neither is any such response to a petition. Like the FEC, Obama and the DNC could essentially bank on the low odds that any one matter will be heard by the Court (only somewhere between 70 and 120 of the approximately 8,000 petitions are granted each year), or rely on arguments already made that Berg lacks standing to sue at all.”
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