BREAKING -- Berg v Obama - Scheduled for SCOTUS Conference TWICE on Jan 16

US Supreme Court ^ | 12/23/08 | US Supreme Court

[BP2]

No. 08-570
Title:	Philip J. Berg, Petitioner v. Barack Obama, et al.
Docketed:	October 31, 2008
Lower Ct:	United States Court of Appeals for the Third Circuit

Case Nos.:	(08-4340)
	Rule 11

~~~Date~~~	~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008	Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008)
Oct 31 2008	Application (08A391) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008	Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008	Application (08A391) denied by Justice Souter.
Nov 18 2008	Waiver of right of respondents Federal Election Commission, et al. to respond filed.
Dec 1 2008	Motion for leave to file amicus brief filed by Bill Anderson.
Dec 8 2008	Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008	Application (08A505) denied by Justice Souter.
Dec 15 2008	Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008	DISTRIBUTED for Conference of January 9, 2009.
Dec 17 2008	Application (08A505) denied by Justice Kennedy.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.	---------------

No. 08A505
Title:	Philip J. Berg, Applicant v. Barack Obama, et al.
Docketed:
Lower Ct:	United States Court of Appeals for the Third Circuit

Case Nos.:

(08-4340)

~~~Date~~~	~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Dec 8 2008	Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008	Application (08A505) denied by Justice Souter.
Dec 15 2008	Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008	Application (08A505) denied by Justice Kennedy.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.

[calenel]

"That would give you President Biden."

Unless Obama were impeached and convicted, Biden would be VP. If Obama never qualified after becoming President-elect then Biden becomes Acting President but not actually President. I don't know if a presumptive President or a President elect can be impeached, but I don't think so. If 'President elect' is considered a 'civil Office' by virtue of being explicitly mentioned in the COTUS then I suppose so, but that is really, really stretching the definition. A gain, as Impeachment is limited to 'The President, Vice President and all civil Officers of the United States' I don't think the President elect can be impeached.

[trumandogz]

I’m uncertain if there are ANY classes of citizenship.

That is my point. The 14th Amendment did away with divisions the classes of citizens when it comes to Protections under the Constitution. And since Plyler, even illegal aliens have all the constitutional rights as a citizen.

And the SCOTUS is not going to start to strip away the Equal Protection Clause and the 14th Amendment in not going to go away.

[trumandogz]

From that way I read the 20th, if BHO were disqualified, Biden would become acting president until someone is qualified.

And the Democratic controlled Congress would choose the President.]

Even if they left it up to the States, the Democrats control more state houses and Gov. seats than the GOP.

So, if you knock Obama out, you will end up with a President Biden, Pelosi, Reid or Clinton.

[calenel]

"The only born British (or foreign) people who qualify to be President are those who were US citizens at the time of the adoption of the US Constitution."

What about dual citizenship? Do you think that dual citizens are constitutionally excluded? If so, would you say that a person who was claimed as a subject or citizen by another sovereignty would be considered to be ineligible by virtue of potentially having divided loyalties?

[trumandogz]

It does not appear that the SCOTUS views this case to be all that urgent since they will not get around to a conference until January 15th.