Fed Judge Throws Out Berg v. Obama Lawsuit? Or did he?, page 3


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reply posted on 25-10-2008 @ 01:45 PM by Fromabove
reply to post by Tiamanicus



Nope ! I think he went to ask Grandma a question. She was sopposedly on her "death bed", yet he only spent a few hours by her side...Hmm..


reply posted on 25-10-2008 @ 01:50 PM by round_eyed_dog
Originally posted by paxnatus
Funny, I just went to the link that "from above" posted and there is nothing there. Now this does not look good at all! Articles and documents disappearing
from public.


Yes, because she mis-posted the link. Here is the corrected link to Berg's document.

Link

Surrick has apparently thrown the case out per America's Right which is maintained by a law student who works at the court. Incidentally this site was very much looking to ruling in favor of the Plaintiff.

Link

The order and memorandum came down at approximately 6:15 p.m. on Friday. Philip Berg's lawsuit challenging Illinois Sen. Barack Obama's constitutional eligibility to serve as president of the United States had been dismissed by the Hon. R. Barclay Surrick on grounds that the Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania lacked standing.

Surrick, it seemed, was not satisfied with the nature of evidence provided by Berg to support his allegations.

Various accounts, details and ambiguities from Obama’s childhood form the basis of Plaintiff’s allegation that Obama is not a natural born citizen of the United States. To support his contention, Plaintiff cites sources as varied as the Rainbow Edition News Letter … and the television news tabloid Inside Edition. These sources and others lead Plaintiff to conclude that Obama is either a citizen of his father’s native Kenya, by birth there or through operation of U.S. law; or that Obama became a citizen of Indonesia by relinquishing his prior citizenship (American or Kenyan) when he moved there with his mother in 1967. Either way, in Plaintiff’s opinion, Obama does not have the requisite qualifications for the Presidency that the Natural Born Citizen Clause mandates. The Amended Complaint alleges that Obama has actively covered up this information and that the other named Defendants are complicit in Obama’s cover-up.

A judge’s attitude toward the factual foundation of a plaintiff’s claims is an essential factor in understanding just who indeed has standing to sue. The question running to the heart of the standing doctrine is whether or not the plaintiff indeed has a personal stake in the outcome of the otherwise justiciable matter being adjudicated. As has been discussed before many times here at America’s Right, a plaintiff wishing to have standing to sue must show (1) a particularized injury-in-fact, (2) evidence showing that that the party being sued actually caused the plaintiff’s particularized injury-in-fact, and (3) that adjudication of the matter would actually provide redress.


[edit on 25-10-2008 by round_eyed_dog]


reply posted on 25-10-2008 @ 02:05 PM by Tiamanicus
reply to post by paxnatus



OK! Whatever you people need to cling to your delusions. I am still waiting for someone to explain to me why none of the other presidential candidates with their MILLIONS of dollars to spend on ads noone will see or hear or read have not pursued this even a little? Are all the Republicans in on this too?


reply posted on 25-10-2008 @ 02:11 PM by redhatty
reply to post by Oscitate



It had nothing to do with "evidence" having a lack of standing. Yes, the evidence was mostly circumstantial. But it had to do with the laws on the book basically saying that a voter has no standing in the courts to question a candidates eligibility. And it's not so much that the laws say voters DON'T have standing, it is more that there are no laws that state voters DO have standing.

Which is, frankly, hosed. But that's the way things stand so far
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