What happened when the US Supreme Court considered the case of Berg v. Obama?

Answer 1

08-570 Berg, Philip J. v. Obama, Barack, et al.(January 12, 2009)

Philip Berg, Esq. filed a petition for writ of certiorari to the US Supreme Court alleging, among other things, that Obama was not a qualified Presidential candidate under Article II, Section I, Clause 4 of the Constitution, that states the President must be a "natural born" citizen. According to Berg, Obama was born in Kenya, although no birth records exist supporting this claim. On the other hand, the State of Hawaii has provided a certified birth record, and the archives of local Hawaiian newspapers contain announcements of Obama's birth dated August 1961.

The Court denied certiorari on the Berg v. Obama case on January 12, 2009. Many of the issues leading to denial relate to Berg's lack of standing to bring suit and failure to state a cognizable claim.

Further, Berg's claims include a grab bag of hearsay and non-justiciable complaints without merit. The following order was copied directly from the January 12, 2009 Orders of the Court on the SCOTUS website (see Related Links, below).

08-570 BERG, PHILIP J. V. OBAMA, BARACK, ET AL.

The motion of Bill Anderson for leave to file a brief as

amicus curiae is granted. The petition for a writ of certiorari

before judgment is denied.

Berg v. Obama, 08-4340 (2009)

The US Court of Appeals for the Third Circuit recently upheld (October 26, 2009) a US District Court's dismissal of Berg's new suit against Obama, claiming damages from the election, including damages for being labeled a racist as a result of filing suit against Obama, and monetary damages for the cost of litigation against Obama's legal team. These claims were dismissed as not being attributable to the defendant.

The lower court's dismissal was affirmed, again, on the grounds that Berg lacks standing to bring suit because he suffered no injury particularized to him. Berg's status as voter does not provide him standing to challenge Obama's candidacy or Presidency.

The Court also held that most of the claims were speculative in nature, or not of the type for which a court could provide relief.

If Berg appeals this case to the Supreme Court, denial of cert is, again, likely.

Note: The case of Hollister v. Soetoro, et al, 08-cv-02254 (2009) is currently (as of November 24, 2009) before the US Court of Appeals for the District of Columbia Circuit. "Birthers" claim Soetoro is Barack Obama's real last name.

Added:

The Supreme Court will never hear this case because there are no facts or evidence to support Berg who is basing his entire case on hearsay and rumors. Other courts have gotten tired of fanatics wasting their time and are starting to fine those lawyers who keep refiling these charges. Recently, a California court fined Orly Taitz $20,000 for abuse of process for filing multiple frivolous suits against President Obama (see Related Links).