Skip to comments.Berg to File Emergency Injunction Today, Awaits Answer from Barack Obama and DNC
Posted on 12/02/2008 5:39:08 AM PST by Calpernia
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.
Obama answers to NO ONE.
Save the Constitution Ping.
Not going anywhere? The court reviews on Friday December 5th Bergs suit and votes if the full court should hear the case. Only requires 4 yea votes.
And did you read the article? It must have been post marked by yesterday, and two days for the mail. So not really late until COB Wednesday.
You REALLY think that the Obamanation has a snowball’s chance in hell of being ruled illegal?
I believe that Obama is using every means to erode the Constitution for his own personal benefit. One reason he may have chosen Hilary is so that he could emphasize the point that exceptions must be made and that the Constitution must be adjusted to fit the times and situations we face.
Nope. We elect electors. They get to choose the President. So far, nobody has filed suit to force an elector to vote for the candidate they pledged to vote for, or to vote as directed by the state.
We presume they will vote for the candidate, although there has been an occasional elector which voted for a different candidate as a protest.
In fact, one could argue that for the November 4th election, the only thing that really needed to be certified was that the electors were legally allowed to be electors, since we voted for the electors.
It’s the electors that have to choose a legally qualified President. That’s when I would expect a legal challenge to be found credible, if there would ever be such a time.
There is zero chance Berg will get a court to stop the appointing of electors, or stop the electors from meeting. Neither the votes for the electors, nor the gathering of the electors, is invalid or unconstitutional.
The only argument Berg has is that Obama can’t be chosen — so until the Electors choose him I don’t think there is standing to sue.
And yes, if the electors decided Obama was not constitutionally qualified, they could really pick anybody else they wanted to be President. I don’t think they would be bound to pick Biden, they could make Biden somebody else’s VP.
There is nothing in the constitution specifying WHO the electors need to vote for, other than the rule that each elector must chose either a President or a VP from a state other than themselves (meaning that if a party runs two people from the same state, at least one of them can’t get the electors from that state. SOme people misunderstand this to mean you can’t have a Pres and VP from the same state, but for almost any election, you could still win even if you had to split the electors from one state).
If he is ignoring the Supreme Court now, wait till he gets to the White House!
Good news! Go Berg, go!
That would be most appropriate, since the entire DNC and mainstream media participated in, and propagated this fraud. I sure hope the SCOTUS agrees.
I thought the same thing about Hillary. Well if it’s ok here, well it’s ok over here too!
Now that "Obama" finished the first part of his job, i.e. acceptance of BushClinton and celebration of the "Obamanation of Desolation" (2), "Obama" can step down as president-elect (3) and begin playing the second part of his role. (4)
I cannot imagine a that a majority of Democratic Electors would choose anyone else, if Obama is out. She was their second choice after all, and they can still have Biden as VP if they want him.
Hillary is an opportunist, and she will seize any chance that she gets to achieve her goal of the Presidency.
Either way, Hillary will be the big winner here. If Obama is inaugurated, she is four heartbeats away from the Presidency. If Obama is declared ineligible due to fraud, Hillary steps in and "saves" the country.
That is why my first question is relevant. If the Obama's Electors maintain their voting rights in the Electoral College, they being Democrats, will choose Hillary, once Obama is declared ineligible.
However, if the election were declared null and void, then "Obama's" Electors would not be allowed to vote in the Electoral College.
No. They can't. Check "Faithless Elector" laws.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.