Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Polarik

Since Berg’s petition has been denied without comment in Supreme Court conferences twice already under Justice Souter and again under Justice Kennedy, I doubt that the result will be any different in January since neither Souter or Kennedy could get four Justices to agree to take on the case, but we’ll all just have to wait and see what actually happens.

I can guarantee you though that there will be no invalidation of the Electoral College vote because that is not even being asked for in the Petition for a Writ of Certiorari. All a successful grant of a Petition for a Writ of Certiorari would mean is that the Supreme Court would agree to hear oral arguments on the issues in Berg’s suit. That would probably occur sometime next Fall given the Supreme Court’s calender.

The Joint Session of Congress with Vice President Cheney presiding as President of the Senate will meet to certify the Electoral College vote on January 6th not on January 8th.
If Congress certifies the Electoral College vote, that actually makes it LESS likely that the Supreme Court would intervene, not more likely since Berg’s suit was a request for an injunction to stop the Electoral College from voting in the first place. The vote has already occured on December 15th and will have been officially certified on January 6th.
I’ll be sure to drop by here after January 10th and again after January 17th following the next two Supreme Court conferences to review their decisions.


167 posted on 12/28/2008 10:14:23 AM PST by jamese777
[ Post Reply | Private Reply | To 166 | View Replies ]


To: jamese777
Since Berg’s petition has been denied without comment in Supreme Court conferences twice already under Justice Souter and again under Justice Kennedy..

Not quite, but you're not alone as most people don't know all of the facts. People ought to rely on ObamaCrimes.com, and make it their source.

There are two appeals that are pending a conference by the entire SCOTUS: one is the three-part Injunction:

Emergency Motion For An Immediate Injunction Prohibiting The Certification Of Electors By The Governors Of Each State, To Stay The Electoral College From Casting Any Votes For Barack H. Obama On December 15, 2008 And The Counting Of Any Votes Cast For Barack H. Obama By Vice President Richard B. Cheney, The House Of Representatives And The Senate On January 6, 2009 Pending Resolution Of Petitioner’s Appeal,

and the other is the Writ of Certiori. There is a conference scheduled for SCOTUS on Jan. 9 to discuss the writ of certiori, as well as a conference scheduled for SCOTUS on Jan 16 to discuss the injunction.

I can guarantee you though that there will be no invalidation of the Electoral College vote because that is not even being asked for in the Petition for a Writ of Certiorari.

Well, yeah, because that's not the purpose of the Writ -- that's the purpose of the Injunction (and I recommend that you read it). Keep in mind that our government is sailing into uncharted waters here, and this is the Pearl Harbor of the Presidency -- something that cannot be ignored by all three branches, and not just the Judicial.

This is the most important case to ever come before SCOTUS, so you can forget about them scheduling it after the Inauguration when they agree to hear it.

The whole purpose for having a Supreme Court is to deal with issues like this (and one which will not go away), and if they refuse to deal with it, then they will have rendered themselves impotent for future Constitutional cases.

If it's not Berg's lawsuit, then it will be Keyes' lawsuit, someone who does have standing and who can demonstrate direct harm from the election of Obama. SCOTUS will have to deal with that if the lower court rejects it. Same goes for the other lawsuits currently under review, and should Obama gets past the electoral hurdles, then there will be dozens more requesting emergency stays of the inauguration until Obama proves his citizenship status.

To get you up-to-speed, here's a chronological review of everything that has happened from August 21 to December 23:

The Joint Session of Congress with Vice President Cheney presiding as President of the Senate will meet to certify the Electoral College vote on January 6th not on January 8th.

So noted in the Injunction and which also answers the remainder of your comments, except for the likelihood issue.

BTW, the vote by the House and VP does not have to take place on January 6. It can be delayed, as well as the date of the Inauguration, and I predict that it will.

Before I give you my take on it, I want to mention a possible action that could be taken to force Obama to prove his eligibility.

As improbable as it sounds, Bush can issue an Executive Order demanding proof of Obama's eligibility, even without asking Obama to produce it. Obama is a security risk, and to allow an illegal immigrant, or a US citizen with dual citizenship to one or more hostile countries, to be in command of our armed forces and nuclear arsenal presents a major national security issue. In fact, he should have issued an EO a long time ago.

Right now, SCOTUS is hoping that the House invalidates the Electoral count, either outright, or by way of requiring Obama to prove his eligibility. Yet, even if that doesn't happen, SCOTUS will have no choice but to require Obama to show it. I just do not see how Obama will be allowed to serve as POTUS without proving his eligibility.

168 posted on 12/28/2008 1:02:44 PM PST by Polarik (quote)
[ Post Reply | Private Reply | To 167 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson