Sunday, January 4, 2009

This Week in the Courts

Submitted by Phil on Sun, Jan 4, 2009

This Week in the Courts

For the Barack Hussein Obama presidential eligibility saga, this week presents a number of important milestones for both the Legislative and Judicial branches of the federal government as well as the great State of Washington:

  • Thursday, January 8, 2009: Congress meets in joint session to count the Electoral College votes; from the National Archives: “Public Law 110-430 changed the date of the electoral vote in Congress in 2009 from January 6 to January 8. This date change is effective only for the 2008 presidential election.”

  • Thursday, January 8, 2009: James Broe, Plaintiff pro se and one of 13 total Plaintiffs in Broe v. Reed (attorney Stephen Pidgeon representing), is scheduled to have his case heard via oral argument at the Washington State Supreme Court.

  • Friday, January 9, 2009: Philip J. Berg, Plaintiff in Berg v. Obama, has his case going to Supreme Court Conference, where they will privately discuss whether or not to grant a writ of Certiorari (”Rule of Four“: 4 of 9 Justices required to grant). Remember the following concerning these writs, per Wikipedia: “the legal effect of the Supreme Court’s denial of a petition for a writ of certiorari is commonly misunderstood as meaning that the Supreme Court approves the decision of a lower court. However, such a denial ‘imports no expression of opinion upon the merits of the case, as the bar has been told many times.’ Missouri v. Jenkins, 515 U.S. 70 (1995). In particular, a denial of a writ of certiorari means that no binding precedent is created, and that the lower court’s decision is authoritative only within its region of jurisdiction.”

Furthermore, regarding the Supreme Court’s private Conference, it is a private meeting (per the link on the Conference). That means nobody knows what the discussions entail except for the Justices and the Supreme Court is not obligated in any way to issue any kind of explanation for why they choose to deny or grant writs on cases.

Source: The Right Side of Life