Will SCOTUS intervene in birth certificate row?
Posted on November 1, 2008
Obama’s steadfast refusal to make his birth cert available sure gives grounds for doubt. And SCOTUS could certainly conclude that THEY have standing to intervene
The U.S. Supreme Court is being asked to help the nation avoid a constitutional crisis by halting Tuesday’s election until Democratic presidential nominee Barack Obama documents his eligibility to run for the top office in the nation.
Democratic attorney Philip Berg had filed a lawsuit alleging Obama is ineligible to be president because of possible birth in Kenya, but as WND reported, a federal judge dismissed the complaint claiming Berg lacks standing to bring the action.
The 34-page memorandum that accompanied the court order from Judge R. Barclay Surrick concluded ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.
Instead, Surrick said Congress could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.
“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”
Berg has maintained that uncertainty about how the U.S. does enforce the requirements of presidency may result in a constitutional crisis should an ineligible candidate win the office.
In a statement today, Berg said he is applying to Justice David Souter for an “Immediate Injunction to Stay the Presidential Election of November 4, 2008.”
“I am hopeful that the U.S. Supreme Court will grant the injunction pending a review of this case to avoid a constitutional crisis by insisting that Obama produce certified documentation that he is or is not a “natural born” citizen and if he cannot produce documentation that Obama be removed from the ballot for president,” Berg said.
“We must legally prevent Obama, the unqualified candidate, from taking the office of the presidency of the United States,” Berg said.
More here
Posted by John Ray. For a daily critique of Leftist activities, see DISSECTING LEFTISM. For a daily survey of Australian politics, see AUSTRALIAN POLITICS Also, don’t forget your roundup of Obama news and commentary at OBAMA WATCH (2). Email me (John Ray) here
» Filed Under Constitution, Elections, News, Representative Government, The United States of America, U.S. Constitution, Voter/Election Fraud
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6 Responses to “Will SCOTUS intervene in birth certificate row?”
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I have added a link to your post from Obama vs Constitution via Berg vs Obama
Me thinks the best standing would be had by an elector selected to vote after the election and the SCOTUS would be hard pressed to intervene any other time. Besides, with McMentum building, this wouldn’t be an issue
I know you right wingnuts will never believe it, but Obama’s birth certificate is genuine. (http://ap.google.com/article/ALeqM5iw1At-4G1xuE50oXVFRlBPfR3dqgD945OLU00) The fact that two Hawiian officials have come out and vetted the doc will no doubt do nothing to settle your conspiracy theories.
JohnJ is absolutely right.
However, I thought it would be useful to actually post the words of the officials in Hawaii:
State declares Barack Obama’s Hawaii birth certificate is genuine
By Associated Press
6:43 PM EDT, October 31, 2008
HONOLULU (AP) _ State officials say there’s no doubt Barack Obama was born in Hawaii.
Health Department Director Dr. Chiyome Fukino said Friday she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.
Fukino says that no state official, including Republican Gov. Linda Lingle, ever instructed that Obama’s certificate be handled differently.
She says state law bars release of a certified birth certificate to anyone who does not have a tangible interest.
And this slightly different account:
Friday, October 31, 2008 – 11:51 AM HAST (That means Hawaii/Aleutian Standard Time)
Obama’s Hawaii birth certificate confirmed
Pacific Business News (Honolulu)
The director of Hawaii’s Department of Health confirmed on Friday what Barack Obama has been saying all along: the presidential candidate was born in Honolulu.
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate,” said Chiyome Fukino. “State law prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.”
Citing her statutory authority to oversee and maintain Hawaii’s vital records, Fukino said she has “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.
“No state official, including Gov. Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawaii,” Fukino added.
Lingle, a Republican, has been campaigning on the Mainland for Obama’s opponent, Sen. John McCain of Arizona.
Obama, a Democratic senator from Illinois, was born Aug. 4, 1961, in Honolulu. He graduated high school at Punahou School in 1979.
end quote
Now that the Hawaii side of the story is settled, we should take a look at the assertion that Obama was born in Kenya. This stems entirely from Berg, who claims that he has an audio tape of Obama’s Kenyan grandmother saying that she was present at his birth in Kenya. But Berg has never played this tape or shown any other evidence to anyone. Wonder why? Perhaps because it does not exist.
there’s NO way SCOTUS intervenes, berg and the other lawsuits (5 dismissed)have become a laughing stock and an international joke. i guess bergs briefs will give justice souter something to laugh about!!
Then, tell your “little god” to bring it out and give the COLB to the court. Let the judge see it! Not by some unqualified people just like Barry Soetero.