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Berg Case: Can anyone decode the latest?
http://www.supremecourtus.gov/orders/08ordersofthecourt.html ^

Posted on 01/12/2009 8:00:35 AM PST by dascallie

Posted on January 12, 2009 10:49:19 AM EST by seekthetruth

PLEASE GO TO PAGE 19 FOR BERG CASE AND READ. THEN EXPLAIN IT TO ME PLEASE! WRIT DENIED BUT NOT THE REST??

http://www.supremecourtus.gov/orders/08ordersofthecourt.html

BERG CASE ORDER: THE MOTION OF BILL ANDERSON FOR LEAVE TO FILE A BRIEF A AMICUS CURIAE IS GRANTED. THE PETITION FOR A WRIT OF CENTIORARI BEFORE JUDGEMENT IS DENIED.


TOPICS: Politics/Elections
KEYWORDS: bergcase; donquixote; hireyourowndamnatty
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1 posted on 01/12/2009 8:00:36 AM PST by dascallie
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To: dascallie; David; GatĂșn(CraigIsaMangoTreeLawyer)

It looks like, to my untrained eye, that they want to gather more information, and not actually do anything until they’ve decided the case. (?)


2 posted on 01/12/2009 8:05:50 AM PST by null and void (Hey 0bama, now that you've caught the car, what are you going to do with it, hmmm?)
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To: dascallie; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; ...

Writ denied but not the rest?

Ping.

[bbl]


3 posted on 01/12/2009 8:06:53 AM PST by LucyT
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To: dascallie

Definition of Amicus Curiae from the Tech Law Journal:

Amicus Curiae briefs are filed in many Supreme Court matters, both at the Petition for Writ of Certiorari stage, and when the Court is deciding a case on its merits.

Some studies have shown a positive correlation between number of amicus briefs filed in support of granting certiorari, and the Court’s decision to grant certiorari. Some friend of the court briefs provide valuable information about legal arguments, or how a case might affect people other than the parties to the case.

Some organizations file friend of the court briefs in an attempt to “lobby” the Supreme Court, obtain media attention, or impress members.

“An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored.” Rule 37(1), Rules of the Supreme Court of the U.S.


4 posted on 01/12/2009 8:09:18 AM PST by IrishPennant (Patriotism is strongest when accompanied by bad politics, loyal FRiends and great whiskey)
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To: dascallie

CERTIORARI DENIED

08-570
BERG, PHILIP J. V. OBAMA, BARACK, ET AL.
The motion of Bill Anderson for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari before judgment is denied.


5 posted on 01/12/2009 8:10:43 AM PST by missnry (The truth will set you free ... and drive liberals Crazy!)
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To: IrishPennant
It seems that SCOTUS has denied the Writ before hearing the merits of the Amicus Curiae...they want to hear how the case affects other people before FINAL decision.

This seems like a good thing...not a dead issue to SCOTUS

6 posted on 01/12/2009 8:11:36 AM PST by IrishPennant (Patriotism is strongest when accompanied by bad politics, loyal FRiends and great whiskey)
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To: dascallie

It does seem unusual. What’s the point of an amicus curiae brief to a case that has been denied?

It’s really too bad they can’t just accept ONE of these cases, and then invite everyone else to join the party as amici curiae.

There are a number of issues. Where was Obama born? Were his parents every actually married? If not formally married, did they live together long enough to satisfy the criteria for common law marriage?

Was Obama adopted by Sotero? Was he a dual citizen. Did his parents relinquish his American citizenship, if he ever had it? Did Obama travel on foreign passports? Did Obama apply to college and/or law school as a foreign student?

All of these issues would appear relevant to the issue of whether he is constitutionally qualified to be president. Some of these lawsuits raise one issue, some another, but they should be brought together in one case and all considered, if only, worst case, to remove any doubts as to Obama’s qualifications.


7 posted on 01/12/2009 8:12:41 AM PST by Cicero (Marcus Tullius)
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To: dascallie
WRIT OF CENTIORARI

Are you sure it wasn't a writ of CERTIORARI?

8 posted on 01/12/2009 8:12:42 AM PST by capt. norm (Never underestimate the power of very stupid people in large groups.)
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To: IrishPennant
The petition for a writ of certiorari before judgment is denied.

Plain language - a writ before we hear the Amicus Curiae is denied...the writ is not denied yet...just not before we hear the Amicus Curiae.

9 posted on 01/12/2009 8:14:06 AM PST by IrishPennant (Patriotism is strongest when accompanied by bad politics, loyal FRiends and great whiskey)
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To: dascallie
Can anyone decode the latest?

"BE SURE TO DRINK YOUR OVALTINE."

10 posted on 01/12/2009 8:14:52 AM PST by dfwgator (1996 2006 2008 - Good Things Come in Threes)
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To: capt. norm
WRIT OF CENTIORARI

Are you sure it wasn't a writ of CERTIORARI?

No - it was actually written by a centaur.

11 posted on 01/12/2009 8:15:24 AM PST by Puddleglum (this space for rent)
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To: capt. norm

Didn’t write it.

I just copied and pasted the question from another thread at FR, to see if anyone had an interpretation of this.


12 posted on 01/12/2009 8:17:41 AM PST by dascallie
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To: dfwgator

A crummy commercial? Son of a b%tch!


13 posted on 01/12/2009 8:19:04 AM PST by TankerKC (Lately I miss the Y2K kooks.)
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To: dascallie

long time lurking atty here. Thought I’d register and answer.

What happened is that an Amicus Brief was already filed along with the motion to accept the filing. They did permit him to file it and then denied Cert. The reason they did that was to discourage the filer of the Amicus brief from filing another suit with the same arguments. In short, they just refused to hear the case and this particular one is over.

Hope that helped.


14 posted on 01/12/2009 8:19:29 AM PST by karibdes (It's not a perfect world. Screws fall out.)
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Comment #15 Removed by Moderator

To: dascallie

A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U.S.C. § 2101 (e).


16 posted on 01/12/2009 8:22:25 AM PST by deport
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To: karibdes

It’s so difficult to believe the Supreme Court is punting on this one. It seems to me it’s the straw that will break the Constitution’s back.

Thank you - I’m glad you registered. I don’t particularly like your message, but it does make sense.


17 posted on 01/12/2009 8:27:16 AM PST by Helen
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To: dfwgator
01010111010100100100100101010100
0110111101100110
01000011010001010101001001010100010010010100111101010010010000010101001001001001

01000100011100100110100101101110011010110000110100001010
010110010110111101110101011100100000110100001010
0100111101010110010000010100110001010100010010010100111001000101

Because you need to know!

18 posted on 01/12/2009 8:33:08 AM PST by SERE_DOC (Today's politicians, living proof why we have and need a second amendment to the constitution.)
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To: Cicero
"There are a number of issues. Where was Obama born? Were his parents every actually married? If not formally married, did they live together long enough to satisfy the criteria for common law marriage?"

The Supreme Court is not an investigative agency.

19 posted on 01/12/2009 8:33:14 AM PST by mlo
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To: Helen
"It’s so difficult to believe the Supreme Court is punting on this one. It seems to me it’s the straw that will break the Constitution’s back."

They aren't punting. There are no Constitutional consquences. There never was a case here.

20 posted on 01/12/2009 8:34:58 AM PST by mlo
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