So what now? How about this?
Published: Oct 27, 2008 Share It | Most Popular | Send A Tip
Berg Vs. Obama - Obama's Birth Certificate Real? - Headed for SCOTUS!
by Doug Edelman
The lawsuit against Barack Obama challenging his citizenship eligibility to serve as President of the United States has been dismissed with the ruling that Philip Berg, the plaintiff, had no standing as a US voting citizen to bring the suit.
Dismissal on these grounds means the judge as decided that the MERITS of the suit don't have to be weighed or decided (so he won't be on the hook for such a decision either way!) The FACTS of the case never get presented in open court, and the documents don't have to be produced. A very clean getaway for Obama.
The judge's ruling was based on precedents where voters were not found to have standing because they could not demonstrate direct harm to them or made vague generalities about wrong done to the general population. Lower courts have tended to avoid granting standing, seemingly preventing David from causing Goliath any great annoyance.
The Berg case is different, however. If Obama is elected President, and is later found to be ineligible to hold that office, the entire nation will suffer through a constitutional crisis.
Berg simply sought to have an examination of the facts to determine the validity of Obama's candidacy. Those facts have not yet been vetted by a court! If a voting citizen of the United States does not have standing to prevent a national crisis of such a magnitude by raising the question of eligibility, to be decided on the evidence in open court, WHO DOES?
Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama's lack of "qualifications" to serve as President of the United States, announced that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.
Berg said, "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court."
There are even questions on whether the judge was "influenced" or had the decision written for him by some tied to Obama: judge surrick received the decision he issued
It remains to be seen whether SCOTUS will hear the case, and even if so, it would appear the election will take place before the matter is legally settled.