Thursday, October 30, 2008
Berg to U.S. Supreme Court this Afternoon

Philadelphia attorney Philip Berg will be at the United States Supreme Court at 3:15 p.m. today to file a Petition for Writ of Certiorari, as well as an application to Justice Souter--the applicable Justice given this region--for an immediate injunction to stay the presidential election currently only five days away.

Berg, who filed suit in district court here in Philadelphia back on August 21 alleging that Barack Obama is constitutionally ineligible to serve as president of the United States, said that he hopes the Supreme Court will "do the right thing" by the United States Constitution and the American people and hear the case on its merits and, in so doing, avoid a constitutional crisis.

"This crisis can be averted," Berg said, "if the Supreme Court grants the injunction pending a review of this case, if the Court insists that Obama turn over certified documentation showing that he is a 'natural born' United States Citizen. If he cannot produce that documentation, he should be removed from the presidential ballot."

Berg's case was dismissed a week ago tomorrow by the Hon. R. Barclay Surrick of the United States District Court for the Eastern District of Pennsylvania on grounds that Berg could not prove injury-in-fact and therefore lacked standing to sue. In his Petition for Writ of Certiorari, Berg insists that he does have standing, and that much of the harm was caused by Obama's failure to live up to his promises to uphold the United States Constitution.

An excerpt from the writ, on the standing issue:

The very essence of civil liberty, wrote Chief Justice John Marshall in Marbury v. Madison, 5 U.S. 137 (1803), certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. Against the backdrop of historical Supreme Court precedent beginning with Marbury and extending through Sprint Communications Co. L.P. v. APCC Services Inc., __ U.S. __, 128 S.Ct. 2531 (200, the better-informed “testâ€