Wednesday, January 21, 2009

Berg v. Obama: SCOTUS Denies Stay Application

Berg v. Obama: SCOTUS Denies Stay Application

According to today’s Supreme Court Orders, the second Conference disposition of Berg v. Obama for injunctive relief has been denied:




The application for stay addressed to Justice Scalia and referred to the Court is denied.

Tomorrow and Friday will bring about events on two additional lawsuits (as I originally covered for this week), Brockhausen v. Andrade and Lightfoot v. Bowen. It should again be noted that Lightfoot will be the first eligibility-based lawsuit reaching the Supreme Court that includes among the Plaintiffs an Electoral College Elector as well as a candidate for the vice presidency. We shall see if this variable is any kind of determining factor that persuades the Justices in any way.

A current listing of eligibility lawsuits can be found here.

Update: also covered this case, though I disagree with their analysis: “Phil Berg has been the nation’s most energetic proponent of the idea that the Courts should examine President Obama’s qualifications.” Rather, I think a commenter there is helping to point the publisher in the right direction:

– next case up (Lightfoot) is this Friday. Standing issue should not be available to provide political cover for SCOTUS.