Saturday, November 1, 2008
Will SCOTUS intervene in birth certificate row?
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.