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Tallahassee, Florida

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Brian Smith
Brian Smith
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U.S. Supreme Court Asked to Delay Presidential Election

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DISCLAIMER: The author is a registered Independent and does not have an opinion as to the truth and/or veracity of the allegations of the lawsuit referenced in this blog or the information contained at the web sites cited.

According to a press release from attorney Philip J. Berg, he filed a request with the United States Supreme Court on Thursday afternoon, for an injunction staying the presidential election until the Supreme Court determines whether Barack Hussein Obama is eligible to be President of the United States.

According to Mr Berg, he has filed two documents:

  1. Application for an Immediate Injunction to Stay the Presidential Election of November 4, 2008; and
  2. Petition for Writ of Certiorari.

Berg stated, “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’s original lawsuit, Berg vs. Obama, was dismissed by the United States District Court for the Eastern District of Pennsylvania last Friday, for lack of standing. Berg questions the logic of the District Court’s decision:

"This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?"

Mr. Berg has stated that if Barack Hussein Obama will produce a certified "vault" birth certificate, a copy of his Certificate of Citizenship and a copy of his Oath of Allegiance to the United States, that he (Mr. Berg) will dismiss his lawsuit voluntarily. To date, Obama has refused to comply with Mr. Berg’s request.

The interesting question to be possibly answered by the U.S. Supreme Court is whether voters, whether Republican, Democratic or Independent, have a right, under the Constitution, to challenge the eligibility of a presidential candidate.

With the presidential election a mere five days away, the Supreme Court will need to act quickly. It is unknown whether Berg asked for an emergency hearing.