[Lurking Libertarian]

Can Berg then take this case to SCOTUS if it is dismissed?

No. He can appeal the dismissal to the Court of Appeals for the D.C. Circuit. If they affirm the dismissal he can ask SCOTUS to hear the case, but they don't have to.

[Frantzie]

if the DC Circuit does not affirm the dismissal will they take it? It appears O’s goons are trying to make these go away.