To: opentalk
Judicial Notice of the Doctrine of Res Ipsa Loquitur
No. 08-570 In the Supreme Court of the United States
Berg v. Obama
1 MOTION FOR LEAVE TO FILE A BRIEF AMICUS CURIAE AND MOTION FOR WAIVER OF RULE 37(2)(A) OF THIS COURT I. Motion For Leave To File A Brief Amicus Curiae
The Courts amicus, Bill Anderson, requests leave of this Court to file a brief amicus curiae in this case. Consent to file it has been obtained from the petitioner, whom this brief supports; the respondents have not granted consent. The amicus is a citizen of the State of Arizona and an elector of that state for elector for President of the United States. He voted in the general election held by the State of Arizona on November 4, 2008. This Court has in fact recognized that the amicus has an interest in this type of case. See United States v. Newman, 238 U.S. 537, 547, 35 S.Ct. 881, 883, 59 L.Ed. 1446, 1450 (1915); and the same holds true for the petitioner. Ibid. Your amicus submits that it will not be possible for this Court to dispose of this case properly without considering the following points which either have not been brought to the attention of this Court by the parties or which have not been adequately discussed: 1.) This Court is not facing a question of the constitutional aspects of standing, but a question pertaining to the prudential considerations only; and, 2.) The lack of an adequate remedy following the inauguration of Barack Obama,
2 and the potential civil and military crises which could arise therefrom, crises that could not be readily addressed by the ordinary processes of the law, must be considered in addressing the prudential aspects of standing; and, 3.) With respect to the prudential considerations of standing, certain aspects of this case are analogous to the doctrine of res ipsa loquitur.
2 posted on
10/28/2009 9:55:33 AM PDT by
SvenMagnussen
(Clever tagline can only be seen on the other internet.)
To: SvenMagnussen
3 posted on
10/28/2009 10:04:27 AM PDT by
bgill
(The framers of the US Constitution established an entire federal government in 18 pages.)
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