Wednesday, February 4, 2009

Berg v. Obama - What's This? An Eligibility Case Examined on the Merits?

Can it be? Which merits?

I.O. does not have time to examine this, right now (though it has begun to look for contributing investigative correspondents, or directly cross-posting bloggers). Instead, the following posts are suggested, where description and commentary are found:
Berg v. Obama: Clerk Orders Case Submitted to Merits Panel
The Right Side of Life, Tue, 2/3

Docket entries, Berg v. Obama Third Circuit Court of Appeals (SEND TO MERITS PANEL),, 2/3 - h/t: rxsid


Victor said...

Arlen, you'll find a comprehensive description of the appeals process, which includes a description of the merits panel, on this attorney's website. Coincidentally, the article specifically discusses the Third Circuit, which is where Berg's appeal is being heard.

The test of the strength of Berg's appeal will be the step after the merits panel: oral arguments. If one of the three judges on the merits panel wants to hear oral arguments, it will be a sign that the judge thinks the appeal should proceed. The parallel is to the conference meetings of the Supreme Court, where four of nine Justices must agree to issue cert.

Quoting from the article:

"If any one judge wants oral argument, the case will be scheduled for argument. Cases that are not selected for oral argument have a higher rate of affirmance, so oral argument is an encouraging sign for the party that lost in the trial court."

Arlen Williams said...

Thank you, Victor. Looking in.

Anonymous said...

Look at it this way:
If Osama Bin Laden could still get it up
... and an American prostitute went to him
... and they conceived a child
... and it was born on American soil
would it be a natural born citizen that the
Founding Father’s of Our Constitution would have wanted
to allow to become president?

Nothing else matters as far as eligibility
…born of two American Citizens in America!