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Kerchner v. Obama: SCOTUS Orders List Due Out Today (inferring it's been dismissed)
Oh, For Goodness Sake ^ | 11-29-10

Posted on 11/28/2010 11:46:15 PM PST by STARWISE

The US Court of Appeals for the Third Circuit of New Jersey affirmed the District Court’s dismissal, based on lack of standing and subject matter jurisdiction, of Kerchner v. Obama, calling the case “frivolous” and issuing a Precedential Opinion.

Not to be taken lightly:

***
[W]hen a judge calls an argument “ridiculous” or “frivolous,” it is absolutely the worst thing the judge could say. It means that the person arguing the position has absolutely no idea of what he is doing, and has completely wasted everyone’s time.
***

The case relied, belatedly, on the de Vattel theory of natural born citizenship, requiring two citizen parents for presidential eligibility; as opposed to birthplace, reflected in court rulings and historical precedent.

***
It doesn’t mean that the case wasn’t well argued, or that judge simply decided for the other side, it means that there was no other side. The argument was absolutely, positively, incompetent. The judge is not telling you that you were “wrong.” The judge is telling you that you are out of your mind.
***

Undeterred, Mario Apuzzo filed a Petition for a Writ of Certiorari, the outcome of which is expected to appear on today’s Orders List.

Apuzzo seems confident in a CAAFlog thread:

***
I am optimistic that the Court will grant certification. *snip*
***

However, Dwight Sullivan maintains that indications are that certification has already been denied:

***
That order list doesn’t reflect the results of today’s conference; that list will come out on Monday. But we know cert was denied because the SG waived the United States’ right to respond to the cert petition and the Supremes didn’t call for a response before the conference. That means cert was denied.
***

(Excerpt) Read more at ohforgoodnesssake.com ...


TOPICS: Government; Military/Veterans; Politics
KEYWORDS: apuzzo; certifigate; kerchner; naturalborncitizen; scotus
Any attorneys know if the last sentence is an accurate assumption ?
1 posted on 11/28/2010 11:46:18 PM PST by STARWISE
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To: onyx; penelopesire; maggief; hoosiermama; SE Mom; seekthetruth; television is just wrong; jcsjcm; ..

.. Ding!

If Apuzzo/Kerchner is denied, is SCOTUS the next step?


2 posted on 11/28/2010 11:49:41 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: STARWISE

This case is going pretty well the way I imagined it would.


3 posted on 11/28/2010 11:57:12 PM PST by Beowulf9
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To: Beowulf9

In other words, nowhere?


4 posted on 11/29/2010 12:22:27 AM PST by Ronin ("Dismantle the TSA and send the screeners back to Wal-Mart.")
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To: STARWISE
If Apuzzo/Kerchner is denied, is SCOTUS the next step? If the writer is correct there will be no Supreme Court step. http://www.techlawjournal.com/glossary/legal/certiorari.htm
5 posted on 11/29/2010 12:30:17 AM PST by kbennkc (For those who have fought for it freedom has a flavor the protected will never know .F Trp 8th Cav)
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To: kbennkc; onyx; penelopesire; maggief; hoosiermama; SE Mom; seekthetruth; ...

I pray there would be some kind of legal recourse.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

**Found other scheming from the scurrilous, dirty
Dem dogs:

********

On October 21, 2010 at 8:23 pm undeadrevolution said:

The whole damn thing behind making birthers run all the way to Kenya and back looking for a birth certificate, as if that meant he was a citizen. It’s all been nothing but a scam so people would:

a) Declare, “YES! If you’re born here, you’re definitely a citizen and can run for president too!”

b) Take up all your time fishing in water that wouldn’t hook onto what they were really doing.

The historical research was fun and it’s been fedex’d. But that’s not what has been going on here. Not by a long shot. You guys have been duped.

Factcheck.org wasn’t behind putting that doc up either. It was given to them after someone else put them up to it. ZAP’s group will be posting that later on today.

These people are so connected it’s not even funny. What they wanted to do was put you on a wild goose-chase so that you wouldn’t bother with the rest of what they were up to – like destroying the country.

And then when they got done convincing the country that birthright citizenship was a reality, that didn’t hurt their cause either.

Adam -
Undead Revolution

*snip*

~ ~ ~ ~

For the rest of you, here’s one mad as hell chick you don’t wanna piss off right now

http://www.twitter/zapem ((dead link))

Some interesting links in that vent-off. I wonder if she’ll take the plunge and link the passworded URL. It’s all tied into The Daily KOS and she’s picking them off starting at the top. LOL!

Better hurry up and catch those before they scroll off her feed. What she’s saying is, you’ve been duped. The birth certificate appearance was planned. The Daily KOS was the first behind it. When you took the bait, the fix to label you as birthers was hooked.

It was only a matter of time before they just made you into nutballs. It was all part of the planned set up. It also gets everyone on the same page not to pay any attention to the founding documents that say just the opposite.

Read the Little Green Footballs article and you’ll see how they complained about certain things missing from the BC. That’s when Factcheck.org jumped in… to fix the flaws and give it credibility. They even captured the raised seal which was noted as missing among other things if you read the comment section.

Obama has been a diary writer there since 2005 when he was a Senator. The link to the Senate blogs where that piece was also stored is a “page not found”, but it’s in her links pointing to The Daily KOS where it originated.

The Daily KOS is associated with Net Roots Nation, among a lot of others. Obama showed up at that, too. So did all the progressives. He set the warning down in his post that their tone was repulsive, so put on a good act and get those votes.

That didn’t stop them with the Twittergate video as we all just saw. They just tried to cover that up with masks. So much for that advice, Obama. They can’t change. It’s in their blood. They suck at being anonymous too.

In order to win, they had to speak more like him….. the Master Manipulator. I’m sure that article was more of a teaching course from the little professor.

On the video with Olbermann, Markos makes a revealing statement. He not only knows about McCain’s predicament with being born in Panama, he comes right out and claims he’s not eligible to run for president. Not only is he well-versed in the subject, he knows what the real McCain’s BC says.

No doubt he was well prepared to pick him off had McCain won. Then he was ready to make the birthers out to be crazies if they scoffed at what he presented to the public. But then he goofs by laughing on the show and stating that McCain is not a natural born citizen. Notice how Olbermann brushes past the subject quick and ends the interview.

That’s because if McCain is ineligible or even ONE candidate is ineligible, the entire election is a fraud. And since Markos is the one to introduce the BC to the public, that makes him suspect #1.

It’s The Daily KOS, guys. They’ve been in this from the beginning. Get to work and expose all that you find there. Oh, and this is all tied in with the Juan Williams firing. He was fired because he works for FOX. The Daily KOS is out to take FOX off the air next, especially Glenn Beck.

First it was the birthers, then it was the Tea Party, now it’s FOX. Oh and they want Justice Roberts impeached somewhere in there, too. It’s all a team effort. Neal Rauhauser knew about the plan.

He’s known to tip us off about these things firsthand. He can’t shut up to save his life. I think he wet his pants scheming up the racist label #whitetrashmedia. By the way, I’m black and I didn’t give him any points.

If you’re going to do something, blog that story first because we have an election in 9 days. If you need the private report, filled with all kinds of goodies, I may be able to get that too. The media knows about it. They call it “too toxic”.

Truth is never too toxic. My guess is they didn’t get an exclusive and some conspiracy nutbags who Michelle trusted stabbed her in the back while she patiently waited on the media and tried to investigate more. She wrote everyone in creation only to watch the great backstabbers blog it against her wishes and parade it around as their own exclusive, including to blogtalk radio, making a total mess out of what the ZAPEM group knows and wrote and the media called them “loose canons looking for credit”.

Our “friends” stabbed liberty in the back for an exclusive of their own when millions could have heard it if they didn’t have such big balls.

But let’s get one thing straight:

No matter how many idiots were encountered in this drama, it will never take away from the truth of what happened in Twittergate, a name which ZAPEM chose, not these poseurs, or what The Daily KOS has involved itself in.

Now you might understand why we are so cautious here. These matters aren’t meant for egos.

- Malgad @ UR

~ ~ ~ ~

Ah, what the hell, I have time and she seems to have stopped. You have to read these starting from the bottom. You’ll probably have questions even if you do Twitter, but the starter links are there.

Remember that you have 140 characters to type in this little box on Twitter, so the typos are shortening techniques to them. You also have to be careful how you formulate your sentences so people understand what you’re trying to say. I understand it because I understand what’s going on, but your mileage may vary.

Zapem ZAP EM
@markos and the media sits back and does NOTHING about a FRAUD election b/c you’re ALL in bed w/ each other http://bit.ly/cNxjuK #tcot

Zapem ZAP EM
U screwed yourself w/that 1MarKOS.. YOU planted that BC.. deliberately came up with #birthers TO changed THIS doc http://scr.bi/9yfLoX #tcot

Zapem ZAP EM
It was MarKOS Moulitsas that said McCain wasn’t a “natural born ctiizen” .. Then WTF was this last election for? http://bit.ly/dsoqM0 #tcot

Zapem ZAP EM
Want more proof?. here: Daily Kos Posts Obama ‘Birth Certificate’ – http://bit.ly/9qxebP – All PLANNED, including the #BIRTHER label #tcot

Zapem ZAP EM
@TCOT_Talk When I’m done I’ll give you a book to write and it’ll be the truth, not that conspiracy CRAP that some egos like to write.

Zapem ZAP EM
@RedState Here, u forgot this picture of Chris Bowers with Nancy Pelosi in March, 2010 doing the same damn thing! http://bit.ly/aTpz2g #tcot

Zapem ZAP EM
@RedState re: http://bit.ly/b1Yzp6 -It was Chris Bowers who sat w/Clinton at that meeting. SEO dir. for Daily KOS http://bit.ly/98BCrN #tcot

Zapem ZAP EM
Barack Obama instructed Progressive on the Daily KOS in 2005 how to manipulate the American people in elections! http://bit.ly/bJQHFc #tcot

Zapem ZAP EM
MarKOS Mouiltsas (from @thedailykos) FIRST planted that BC on the web, NOT Factcheck.. then SMEARED u with a #birther label on PURPOSE #tcot

Zapem ZAP EM
Hey #birthers.. wanna know who 1st planted that BC on the internet?.. It’s was MarKOS Moulitsas.. just to be ABLE to call u #birthers #tcot

Zapem ZAP EM
@KLSouth F’ING CRAZY PPL! YES, I’M P*SSED HOW THIS WAS HANDLED. cc: @ArlenWilliam (and don’t tell me to shut up either)

~ ~ ~ ~ ~

Reply
On October 24, 2010 at 9:38 pm Erica said:

*snip*

Steve,

With reference to Juan Williams you said “If you’re going to do something, blog that story first because we have an election in 9 days. If you need the private report, filled with all kinds of goodies, I may be able to get that too. The media knows about it. They call it “too toxic”.

If you have access to my email, consider me interested. FYI, my home computer will be down for two days starting late this evening, but I will have my iPad to check mail, etc. in the interim.

~ ~ ~ ~

Reply
On October 25, 2010 at 1:03 am Erica said:

[Excellent job, Erica! You might want to make just two clarifications:

1. Twittergate - The Democrats Hire A Twitter-Thug, which details how the Democrats hired Daily Kos bloggers to paint the tea party movement as racist, homophobic, extremist and every other pejorative you can imagine.

Correction: The Democrats Hire a Twitter-Thug which details how the Democrats hired Neal Rauhauser, a Daily KOS blogger, to paint the tea party ... etc., etc. Neal Rauhauser owns a company co-Founded with Beth Becker named Progressive PST.

2. TeaPartyTracker.org was funded by George Soros and was created for the purpose of proving that tea partiers are extremists.

Correction: TeaPartyTracker.org is a domain registered by Blue State Digital, LLC, the makers who helped create MyBarackObama.com and is funded by ...

I believe Judge Napolitano was the one who first stated that the TeaPartyTracker.org was funded by George Soros, although I didn’t verify that myself. I did verify the Blue State Digital, LLC. information. You may have verified something different and that’s fine.

3. You might want to add that PJTV.com (here’s the link for that - http://www.pjtv.com/?cmd=mpg&mpid=175&load=4259) did a follow up story presented by Dana Loesch, who is the new editor-in-chief of Andrew Breitbart’s Big Journalism website.

http://www.breitbart.tv/live-interview-dana-loesch-big-journalisms-new-editor-in-chief-12-am-et/

That additional url may let people view another source piece for clarification and also let them know about Dana’s new position with Big Journalism.

I also suggested to ZAPEM’s group they should tag that piece with all the Democrat names listed including stuff like “teaparty, teapartytracker.org, teaparty racism, Neal Rauhauser, Beth Becker, Twittergate, Youtube: Democrats Hire Twitter-Thug”. Especially since we have another piece for you on their strategy to dominate SEO marketing.

Thanks and great job! It’s a really cool example of how people should be working together because this is exactly how the left is going to be doing it. I like the extra work you put into it, too. Thank you! - Steve]

I have attempted to explain Zapem’s Twittergate article and video on my blog.

The Daily Kos, Twittergate & Obama’s Birth Certificate Controversy
http://jeffersonsrebels.blogspot.com/2010/10/daily-kos-twittergate-obamas-birth.html

http://undeadrevolution.wordpress.com/2009/09/06/the-meaning-of-natural-born-citizen/#comments


6 posted on 11/29/2010 1:00:19 AM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: kbennkc

Which would just show that millions of USA citizens have been shut off from answers by servants of the people. The issues raised cannot in a truely democratic social debate be dismissed as without societal standing. Granted there are also many who do not want the issue debated the argument that we have a democratic functioning republic will have taken a negative hit. I believe there were warnings by the Founding Fathers about the possibility of such situations.


7 posted on 11/29/2010 1:08:55 AM PST by noinfringers2
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To: STARWISE

how do we know if it isn’t YOUR post that is the “dupe”?


8 posted on 11/29/2010 1:43:38 AM PST by CanaGuy (Go Harper! We still love you!)
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To: STARWISE
Somewhere in Kenya or Turkey or Iraq, A mother is telling her little boy “You can grow up to be President of the United States, and drive it in to the dirt.”

Its now an international job, open to all comers if their Mother was smart enough to give birth in America and create an anchor baby. Neither parent need be a citizen, the constitution be damned.

9 posted on 11/29/2010 4:01:52 AM PST by PA-RIVER
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To: STARWISE

Looks like it.....Just in time for the new congress and Speaker of the House.


10 posted on 11/29/2010 4:38:44 AM PST by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: centurion316

ping


11 posted on 11/29/2010 4:55:48 AM PST by centurion316
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To: centurion316

WHEN will people figure out that SCOTUS is part of the fraud?


12 posted on 11/29/2010 5:51:17 AM PST by bioqubit
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To: STARWISE

The fact that the court in effect calls Apuzzo “out of his mind” is another red flag. The judge doth protest too much. There is no way that a person is “out of their mind” for making this case.

I wonder when this court’s claim was made in relation to the poll that came out saying that 60% of the American public doesn’t necessarily believe the lie we’ve been fed about Obama’s origins. What judge in his right mind would say that 60% of the public is insane?

Sullivan would have “justified” the entire Holocaust. He may be accurately predicting what will happen in this banana republic/Obama coup/Fourth Reich mentality, but even I could predict that. Just figure out the opposite of justice and that is what any lawless coup will do. Like clockwork.


13 posted on 11/29/2010 6:08:25 AM PST by butterdezillion
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To: bioqubit

Haven’t you heard, everyone is in on the conspiracy: every sitting member of Congress, SCOTUS, the judges involved in the 72 failed cases (still counting), the former Vice President, the Electoral College, both political parties, and all 50 states. This has to be the biggest fraud ever committed.


14 posted on 11/29/2010 7:22:42 AM PST by centurion316
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To: butterdezillion
There is no way that a person is “out of their mind” for making this case.

Oh I don't know about that....

15 posted on 11/29/2010 7:27:40 AM PST by Non-Sequitur
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To: STARWISE

of course it is being dismissed...if they allow it the majority of our government will end up in jail...IT WILL NEVER HAPPEN.

We have witnessed an internal coup d’tat over the past few decades...slowly but surely they have overthrown our Republic. It is gone.


16 posted on 11/29/2010 7:31:04 AM PST by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: STARWISE

10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to
file a brief as amicus curiae is granted. The petition for a
writ of certiorari is denied.

http://www.supremecourt.gov/orders/courtorders/112910zor.pdf


17 posted on 11/29/2010 7:31:14 AM PST by LorenC
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To: centurion316; All

“This has to be the biggest fraud ever committed”

I wouldn’t call it fraud or conspiracy. I would call in cowardice or partisanship. Why doen’t Mr. Obama just produce a vault copy of his BC. The other issue, regarding his father, well that needs to be addressed by the SCOTUS in an affirmative manner...not by silence. IF it is their opinion that Mr. Obama is constitutionally qualified they should say so. The precident is fully set then. If not, they should say that as well. Dodging the issue is just wrong.


18 posted on 11/29/2010 7:35:40 AM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Sola Veritas

Or perhaps the birther argument is completely without merit. SCOTUS just denied Certiorari


19 posted on 11/29/2010 7:48:20 AM PST by centurion316
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To: centurion316; All

“SCOTUS just denied Certiorari”

Same ole, same ole. I stopped following these, except for today, because it was apparent to me the SCOTUS was either: (1) Of the opinion it had no merit
(2) Afraid to deal with it for some reason

I WOULD still like to see the original of Mr. Obama’s BC. I think he was born in Hawaii, but he is hiding something, and it makes me curious what.

On the NBC status. I believe the original intent of the COTUS should be followed. I “think” original intent would preclude Mr. Obama from being considered a NBC because of his father. However, that is for the SCOTUS to decide....which apparently they have by not acting.


20 posted on 11/29/2010 8:08:47 AM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Sola Veritas

Justice Thomas has said they are “evading” the eligibility issue. Not that it doesn’t have merit. So there is a non-legal reason they are not addressing it.

Given that almost every judge involved in these cases has done something blatant (i.e. in violation of the judicial code of ethics) to compromise the integrity of the case and their decision, I suspect they are evading it against their will and protesting by compromising the legitimacy of the decisions they felt forced to make.

The Hawaii Department of Health has already indirectly confirmed in 2 different ways that the Factcheck COLB is a forgery. One of the ways they confirmed it was by making a statutory admission that Obama’s genuine BC is amended/altered, which would have to be noted on the COLB itself if it were genuine.

The note of the specific alteration, combined with the pre-printed statement on the COLB that “ANY ALTERATIONS INVALIDATE THIS CERTIFICATE”, is the only way that Hawaii distinguishes between a legally valid BC and one that is legal toilet paper.

Fukino has never said that they have a legally valid BC for Obama. Never. She said that what they have is on record in accordance with state policies and procedures. Those policies (HRS 338-17) say that the probative value of an amended/altered and/or late BC is to be determined when it is presented as evidence to a judicial or administrative person or body - which Obama refuses to do. IOW, what Obama has in Hawaii is legally invalid because it has been altered, and the only way it has any legal value whatsoever is if it is presented in an official procedure and the judicial or administrative person or body evaluates the evidence and thinks it has some legal merit.

For some reason, Obama refuses to allow it to be submitted in any official procedure.

And for some reason the HDOH refuses to say they have a legally valid BC for Obama but lets the public believe that he does - even though they have indirectly confirmed that he doesn’t (all of which taken together is a violation of the Federal General Statement Act and probably misprision of the felonies of forgery and perjury as well). They have also broken laws by hiding their administrative rules, refusing to disclose documents required by law to be disclosed, and destroying records required to be retained permanently.

This is way, way beyond just something embarrassing about Obama. Law enforcement, government bureaucracies, and the judicial system have all utterly abandoned the rule of law. It’s part and parcel with everything Obama’s coup has done through the “czars”, government takeovers, intrusions against the Constitution, etc. This is really and truly a coup, and it has very little to do with Obama himself but with legitimate government policies and procedures being replaced with lawlessness. It is deadly serious, systemic gangrene that is killing this nation.


21 posted on 11/29/2010 8:47:36 AM PST by butterdezillion
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To: Sola Veritas

Obama has hidden many Easter Eggs related to his early life, I just don’t believe that his birthplace is one of them. He has succeeded in getting lots of folks to chase a chimera and divert attention from other inconvenient event in the early life of a third generation Marxist.


22 posted on 11/29/2010 9:10:32 AM PST by centurion316
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To: LorenC; onyx; penelopesire; maggief; hoosiermama; SE Mom; seekthetruth; television is just wrong; ..

Yes ... sadly, the prediction was correct. God save America.

~~~~~~~~~

cfkerchner said...
Our Petition Was Denied.

10-446 KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

http://www.supremecourt.gov/orders/courtorders/112910zor.pdf

November 29, 2010 7:08 AM

https://www.blogger.com/comment.g?blogID=7466841558189356289&postID=5326958144121265513


23 posted on 11/29/2010 9:22:55 AM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: CanaGuy

Huh ??


24 posted on 11/29/2010 9:24:22 AM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: STARWISE; LucyT
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

Just talked to dad re: above. He said: Amicus was another step forward. Denying the writ of cert was no big deal, just meant they were chosing the time to deal with it. It can be brought up WHENever THEY are ready to deal with it.

25 posted on 11/29/2010 11:15:42 AM PST by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: hoosiermama; Dubya-M-DeesWent2SyriaStupid!; GQuagmire; wintertime; Fred Nerks; null and void; ...
Image and video hosting by TinyPic

The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

Just talked to dad re: above. He said: Amicus was another step forward. Denying the writ of cert was no big deal, just meant they were chosing the time to deal with it. It can be brought up WHENever THEY are ready to deal with it.

[Thanks, hoosiermama.]

26 posted on 11/29/2010 11:24:38 AM PST by LucyT
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To: LucyT; hoosiermama

Cool, thanks for the update.


27 posted on 11/29/2010 11:30:28 AM PST by Las Vegas Ron (Obama treats terrorists with kid gloves, American Citizens with rubber gloves)
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To: PA-RIVER; STARWISE
"Somewhere in Kenya or Turkey or Iraq, A mother is telling her little boy “You can grow up to be President of the United States, and drive it in to the dirt.”

Its now an international job, open to all comers if their Mother was smart enough to give birth in America and create an anchor baby. Neither parent need be a citizen, the constitution be damned."

Very well said. Unfortunately.

28 posted on 11/29/2010 11:47:05 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: centurion316; butterdezillion

More specifically, attention has been forced in the direction of Kenya. If you stop biting on the fantasy that BO is any blood relation to the Kenyan clan and further that there is no proof that he was born to someone named Ann Dunham, then it becomes possible - in fact probable, that the last place on earth for this fraud’s birth is a tie between Kenya and Hawaii.


29 posted on 11/29/2010 11:47:37 AM PST by Natural Born 54 (FUBO x 10)
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To: centurion316; Sola Veritas
"Or perhaps the birther argument is completely without merit. SCOTUS just denied Certiorari"

The precedent is set. Someone born with foreign citizenship, allegiance owed to another country at birth, is eligible to be Commander in Chief.

30 posted on 11/29/2010 11:50:55 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Las Vegas Ron; LucyT
Dad say his writ of cert were denied all the time...In my teacher terms it's like asking the teacher if you can go to the front of the line. Teacher says no, but later when they want to use it as a reward or it's your turn for a job they can “change their mind” or just let you continue to stay in line.

Again, nothing is going to happen until Nan is no longer Speaker and at least the house is on our side. Mid-Jan. Expect BO # to continue to fall. Wiki leaks, North Korea,...all are manipulations out of his control to bring him down....Hold on tight, it's going to be a rocky road.....No marshmallows....lots of nuts.

31 posted on 11/29/2010 11:52:04 AM PST by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: hoosiermama

Thanks for your (and your Dad’s) insight into this. I think you’re right re: waiting till the new Congress is set. The wheels of justice turn awfully slow sometimes.


32 posted on 11/29/2010 12:06:24 PM PST by LibertyRocks
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See # 31, too.

33 posted on 11/29/2010 12:06:46 PM PST by LucyT
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To: bioqubit

It should have been figured out the day Obama had his friendly meeting with SC justices in Robert’s chambers. I believe this was when the ‘birther’ issue was just going public. FR has a photo of this pals meeting. I have a saved print. The striking feature of the photo is Obama’s seeming to be in control.


34 posted on 11/29/2010 12:10:17 PM PST by noinfringers2
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To: hoosiermama
Hold on tight, it's going to be a rocky road.....No marshmallows....lots of nuts.

Good way to put it. I think this is the first time I've not looked forward to the new year.

OTOH, it has to hit the fan to get it over with, let's roll so we can get to fixing it....oy.

35 posted on 11/29/2010 12:11:39 PM PST by Las Vegas Ron (Obama treats terrorists with kid gloves, American Citizens with rubber gloves)
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To: STARWISE
Hi Star, I can't tell you how shocked I am to see I'm not on your ping list.....hmmmmm?

;)

36 posted on 11/29/2010 12:13:18 PM PST by Las Vegas Ron (Obama treats terrorists with kid gloves, American Citizens with rubber gloves)
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To: hoosiermama; butterdezillion; onyx; Las Vegas Ron; SE Mom; Danae; maggief; Fred Nerks; Red Steel; ..

cfkerchner said...

Carlyle,

The “Roberts Court” of the U.S. Supreme Court imo will be known in history as the Neville Chamberlain supreme court, the great Obama appeaser court.

http://en.wikipedia.org/wiki/Neville_Chamberlain

Appeasement due to fear that some immediate small amount of veiled and threatened violence from the far left Saul Alinsky goons and tyrants and bullies and thus not doing the right thing early only to support the rule of law and the Constitution ultimately leads to be much bigger problem later. History has shown us that over and over.

This matter should have been addressed by the media and political parties early in the spring of 2008 during the primaries. It wasn’t.

Congress should have addressed this when asked and when constitutionally it was required to. It didn’t. The courts should have addressed the merits of the questions when appealed to early on. They didn’t.

Everyone in our system of government chose appeasement over confrontation and punted the ball to someone else. Now it is far worse. The Supreme Court has chosen appeasement and inaction over action and dealing with the issue and questions openly in a court of law under the rules of evidence and law.

Our Constitutional Republic and legal system is now compromised and broken. And it will only get worse as our legal system and constitutional republic further deteriorates and the rule of law gives way to appeasement of bullies such as Obama and his far left cronies and puppet masters.

Appeasement of the constitutional usurpers will not make it go away. It will only delay the inevitable and fester and in the end be a far worse situation to deal with when the real nature of the tyrant reveals himself in a bolder way and takes away all our liberties.

Neville Chamberlain tactics never work with bullies, tyrants, and national socialists.

CDR Charles Kerchner (Ret)

November 29, 2010 9:30 AM

https://www.blogger.com/comment.g?blogID=7466841558189356289&postID=5326958144121265513


37 posted on 11/29/2010 12:23:50 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: Las Vegas Ron

That is my big goof, after my attempt to rebuild a corrupted Word ping list doc (my ‘puter is on its last legs .. sigh)... sorrrry, Ron .. :) Duly added .. praying this old doggy holds on.


38 posted on 11/29/2010 12:29:57 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: STARWISE

Keep the faith. Obama’s lies cannot be kept a secret forever. It’s more likely that his abuses of power and high crimes and misdemeanors will be his ultimate undoing anyway...then EVERYTHING will come tumbling out of the sewer that they have been hiding it all in.


39 posted on 11/29/2010 12:31:57 PM PST by penelopesire (Let The Congressional Hearings Begin!)
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To: hoosiermama
" Denying the writ of cert was no big deal, just meant they were chosing the time to deal with it. It can be brought up WHENever THEY are ready to deal with it. "

Perhaps ? as in another 2 months when the new Congress is seated ?
40 posted on 11/29/2010 12:34:54 PM PST by American Constitutionalist (The fool has said in his heart, " there is no GOD " ..)
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To: STARWISE
No apology necessary, I was just razzin ya!

Sure feels nice to be included though....lol.

41 posted on 11/29/2010 12:43:00 PM PST by Las Vegas Ron (Obama treats terrorists with kid gloves, American Citizens with rubber gloves)
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To: noinfringers2
...The striking feature of the photo is Obama’s seeming to be in control.

Good observation. Almost certainly that was O's intent; the fact he was in chambers at all demonstrates he was in control.
Casually draping one's self on the C.J.'s chair is about as respectful as sitting on his desk while in conversation.

It was an arrogant victory lap for O.

42 posted on 11/29/2010 12:50:29 PM PST by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: butterdezillion
This is way, way beyond just something embarrassing about Obama. Law enforcement, government bureaucracies, and the judicial system have all utterly abandoned the rule of law. It’s part and parcel with everything Obama’s coup has done through the “czars”, government takeovers, intrusions against the Constitution, etc. This is really and truly a coup, and it has very little to do with Obama himself but with legitimate government policies and procedures being replaced with lawlessness. It is deadly serious, systemic gangrene that is killing this nation.

Bravo!

43 posted on 11/29/2010 2:11:07 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: hoosiermama

Sorry, but that information is wrong. This case has run its course and is, for all intents and purposes, dead.

Kercher’s attorneys can move for reconsideration on the very long shot - longer than getting cert in the first place - that they can present some aspect they believe was not properly treated by the court in denying cert, and that the Justices might find that aspect of such significance as to switch votes, and gather the four necessary for the granting of cert.

The granting of the Amicus basically just means that the points raised in that brief were considered along with the Questions Presented and argument made by Kercher’s attorneys in the Petition itself.

It’s disappointing, but that’s the way it is.


44 posted on 11/29/2010 2:19:08 PM PST by EDINVA
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To: American Constitutionalist
Precisely!
45 posted on 11/29/2010 2:53:16 PM PST by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: STARWISE

Starwise, again, I am not a lawyer, but have worked with enough over the years to have some sense of the process at least. The Supreme Court didn’t waive the right of the Respondent to file a responsive brief, the attorneys for the Respondent did.

Part of the procedure after the filing of a SCOTUS procedure is to afford the Responent the opportunity to file a responsive brief, or to waive that right before the petition goes to conference. Checking the Kerchner docket, the Respondent’s attorneys had until 11/3/10 either to file a response or to file the waiver. Apparently, in this case, Obama’s attorneys file a waiver.

Filing the Waiver, in and of itself, doesn’t assure denial of cert, nor does it close off the Respondent’s opportunity to file responsive briefs when/if cert is granted when a waiver has been filed. The granting of cert sets off a round of briefing in which the respondents counsel do participate.


46 posted on 11/29/2010 4:43:57 PM PST by EDINVA
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To: American Constitutionalist; hoosiermama

>>>>” Denying the writ of cert was no big deal, just meant they were chosing the time to deal with it. It can be brought up WHENever THEY are ready to deal with it. “

>>Perhaps ? as in another 2 months when the new Congress is seated ?

The perfect timing for this to go viral due to SCOTUS would be just a few days before the NEXT State of the Union Address


47 posted on 11/30/2010 4:31:35 AM PST by Future Useless Eater (Chicago politics = corrupted capitalism = takeover by COMMUNity-ISM)
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To: EDINVA
The granting of the Amicus basically just means that the points raised in that brief were considered along with the Questions Presented and argument made by Kercher’s attorneys in the Petition itself.

There wasn't much point in accepting the brief when they were denying the request for cert. There's no evidence that the brief was read or considered.

48 posted on 11/30/2010 9:52:04 AM PST by edge919
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To: edge919

“There’s no evidence that the brief was read or considered.”

Are you implying that the Court just takes petitions and tosses them in the trash, unread? If nothing else, its denial at conference is ‘evidence’ it was considered. The Kerchner petition was denied without comment. That is the standard at the High Court.

Granting certiorari is in most cases entirely within the discretion of the Court. They do not have to give a reason for its denial, and usually don’t. That is not to say the petition wasn’t read or considered. Any lawyer filing a SCOTUS cert petition does so knowing that chances of being granted cert are, at best, 10%. Individuals filing cert petitions have lower odds, around 1-2%.

The way the Supreme Court works is, after a petition has been processed in the Clerk’s office and the time for any response (or waiver of response) has expired, copies are distributed to the various Justices law clerks (except Scalia’s)who operate in a ‘pool’ to read and summarize the petitions, and to make recommendations for/against granting cert, for the justices’ review.

Typically, SCOTUS law clerks are top recent graduates of law schools across the country (mostly ‘top’ law schools), most of whom have also clerked for other federal judges. They are well familiar with the courts and their processes, and usually have fine legal minds. Had these same lawyers gone into private practice instead of taking a SCOTUS clerkship, clients would be paying them $400+ an hour to do their legal work- even as newly minted lawyers. Getting a Supreme Court clerkship is a HUGE deal.

There is, of course, the human factor and clerks/justices may read their own prejudices into the petitions, but they ARE read, and they ARE considered when sent to conference. To imply otherwise is an enormous, undeserved insult to the Supreme Court, its Justices, and law clerks.


49 posted on 11/30/2010 12:44:15 PM PST by EDINVA
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