Birther Case Dismissal Holds Up On Appeal

[tabatha]

The Third Circuit Court of Appeals went the extra step today and issued a Precedential Opinion in Berg v. Obama, with its Order affirming the US District Court for the Eastern District of Pennsylvania’s decision to dismiss. Philip Berg, whose financial situation has been in disarray for a while now, is ordered to pay costs. He is not out of options: He still can apply for a rehearing in the same court or for a writ from the Supreme Court.

Whatever he decides to do, a Precedential Opinion is serious business. Within the Third Circuit, which consists of Pennsylvania, New Jersey, Delaware, and the Virgin Islands, all lower courts are now obligated to find that voters do not have standing to challenge Obama’s eligibility. In other federal appellate circuits, the same obligation does not exist, but it will be considered persuasive evidence that precedence has been ordered elsewhere.

This Precedential Order comes down pretty hard, calling Berg’s cases “a grab-bag of claims,” his arguments on appeal resting on “facts that did not exist when his complaint was filed,” with the dreaded word “frivolous” appearing several times, including in one favorite Birther argument:

http://ohforgoodnesssake.com/

[ProudToBeBlueInRhody]

1. Go fuck yourself, Mr. Berg

It will likely be more productive.

[formercia]

2. He's already fucked, big time.

So, who gets the pound of flesh? :rofl:

[cark]

3. The Obama stuff is stupid BUT

Completely remove the current president from the senerio...........


The problem I have with the precedents being established is the courts have pretty ruled (from what I read) that the only person that may challenge the eligiblity of a president in court is the other major party candidate. Only one other person in the entire country has standing? I'm not comfortable with that.

The only other solution is a congressional investigation, but what happens when the party of the president is in control of both houses, what is the likelyhood? The pendulum of political power swings back and forth.

Who actually is in charge of verifying eligiblity? Did anyone 'official' agency do a background investigation to ensure eligiblity? I haven't come up with a difinative answer, as far as I can tell it is either up to the parties or the sec. of each state. Does anyone know for sure?

[tabatha]

4. The CIA, FBI and other organizations

would have done a thorough check.