Philip J Berg answer, September 17, 2008, constitutional issue, Jeff Schreiber questions, Obama not qualified to be president, No pending motion to dismiss

Philip J Berg has responded to the email I sent earlier regarding questions posed by Jeff Schreiber. Here is some of the dialogue Jeff Schreiber had with Mr. Berg:

“I ran into Philip Berg yesterday at the courthouse here in Philadelphia and, knowing from previous cases against McCain what to expect from Judge Alsup in California, once again asked him about standing. I mentioned that, just as McCain and the GOP did against Markham Robinson, Barack Obama and the DNC will likely respond to the complaint with a similar motion to dismiss for lack of standing, and asked why he felt his situation was so markedly different than those of Robinson or John Hollander.

Berg maintained that this is a constitutional issue, and that Robinson did not necessarily frame it in that regard, and mentioned that during the initial hearing on the temporary restraining order Judge Surrick asked about his standing and was satisfied enough with the answer so as not to dismiss the case outright. Personally, I look at the constitutional nature of Berg’s suit as sufficient to satisfy questions of subject matter jurisdiction, not standing.”

Read more from Jeff Schreiber here:

Here is the response from Philip J Berg:

“Hi Mr. Wells,

As Jeff Schreiber and I discussed, there is not a pending motion to dismiss by any of the Defendants before the Court.  Defendants may choose to file a motion to dismiss, at which time I will properly Oppose and reply.   For this reason, and at this point, I can’t tip my hand.


Obama must respond by September 24, 2008.

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