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 Supreme court ruling on Obama's eligibility for presidency


 Supreme Court Of The United States (SCOTUS) Justice David Souter has agreed that  a review of the federal lawsuit filed by attorney Phil Berg against Barack  Hussein Obama II, et al., which was subsequently dismissed for lack of standing  is warranted. SCOTUS Docket No. 08-570 contains the details.

 A review of that docket and the Rule 10 of the Supreme Court makes abundantly  clear that Justice Souter's granting of a review on the Writ of Certiorari is  not a right entitled to citizen Phil Berg, but rather is a matter of judcial  discretion based upon a compelling reason. That compelling reason is the  Constitutional requirement that "No person except a natural born citizen

...shall be eligible to the office of President..."

 What this means is that on or before 1 DECEMBER 2008 Barack Hussein Obama II  must respond to the writ of certiorari, and since the Berg v Obama case hinged primarily on the question of Obama's place of birth, it is almostinconceivable  that Barack Obama will thumb his nose at the Justices of the Supreme Court and  he is absolutely compelled to provide a vault copy of his original birth certificate.

 Another very salient fact to consider at this time is that, despite all of the  pronouncements of the print and broadcast media, Barack Obama is not yet the  President-elect of the United States. Barack Obama can only become the  President-elect after the Electoral College convenes on 15 DECEMBER 2008 in  their respective state capitals around the nation and cast their votes to elect  the President and the Vice President. As you can see this election day occurs  two weeks after the required response to the Supreme Court granted Writ of  Certiorari.

 The bottom line is this: the presidential election of 2008 remains an ongoing  process, the outcome of which remains undetermined, and all talk about a  potential Constitutional crisis in the United States are at least 36 days  premature.

 The inevitable constitutional crisis regarding President-elect Obama, of course,  revolves around his inability (or unwillingness) to produce an authentic  Hawaiian birth certificate with the raised certificate stamp that the Federal  Elections Commission can independently verify.

 Here are some of the unanswered issues hanging over the head of President-elect  Barack Obama and the question of his American citizenship:

 ·  The allegation that Obama was born in Kenya to parents unable to automatically grant him American citizenship;

 ·  The allegation that Obama was made a citizen of Indonesia as a child and that  he retained foreign citizenship into adulthood without recording an oath of allegiance to regain any theoretical American citizenship;

 ·  The allegation that Obama's birth certificate was a forgery and that he may not be an eligible, natural-born citizen;

 ·  The allegation that Obama was not born an American citizen; lost an  hypothetical American citizenship he had as a child; that Obama may not now be  an American citizen and even if he is, may hold dual citizenships with other countries. If any, much less all, of these allegations are true, the suit claims, Obama cannot constitutionally serve as president.

 ·  The allegations that "Obama's grandmother on his father's side, half brother and half sister claim Obama was born in Kenya," the suit states."  Reports reflect Obama's mother went to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during   flight. Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, afte which she  flew to Hawaii and registered Obama's birth."

 ·  The claim could not be verified by inquiries to Hawaiian hospitals since state law bars the hospitals from releasing medical records to the public;

 Even if Obama produced authenticated proof of his birth in Hawaii, however, the  suit claims that the U.S. Nationality Act of 1940 provided that minors lose  their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, sh  forfeited both her and Barack's American citizenship.



No. 08-570  
Philip J. Berg, Petitioner
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 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.

~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:    
Philip J. Berg 555 Andorra Glen Court, Suite 12 (610) 825-3134
  Lafayette Hill, PA  09867  
Party name: Philip J. Berg
Attorneys for Respondents:    
Gregory G. Garre Solicitor General (202) 514-2217
  United States Department of Justice  
  950 Pennsylvania Avenue, N.W.  
  Washington, DC  20530-0001  
Party name: Federal Election Commission, et al.