As we wait for the denial from the US Supreme Court in Kerchner v. Obama, I note that USJF attorney Gary Kreep (representing the Joseph Farah/WorldNetDaily front organization, the Western Center for Journalism) filed an amicus brief with the Supreme Court. Kreep argues that presidential eligibility is not (or should not be) a political question because politicians are well, political, and might decide things based on a political bias. The second part of the brief urges the court to issue an advisory opinion because there may be more ineligible candidates in the future. Of course the brief is moot since Kerchner lacks standing in the first place.
I note a curious discrepancy between the Supreme Court docket as it appears on the Supreme Court web site today and the Scribd version posted by Mario Apuzzo (embedded below) that says that the amicus brief was filed on November 3rd and distributed. The Court docket says that a motion to file the brief was distributed on November 3rd, but there is no indication that it was actually filed.
Amicus Curiae Brief filed by the Western Center for Journalism to Support Kerchner v Obama Petition by puzo1
Wait no longer.
10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to
file a brief as amicus curiae is granted. The petition for a
writ of certiorari is denied.
who could have predicted that ?
Kreep is a parasitic form of Birther. He attached himself at the last minute to Mario’s case and leeched off some birther blood. He got his WCJ mentioned!
He can now claim he’s “been to the SCOTUS.” The guy is a tick on the hide of Mario’s zombie case.
Mario got punked!
The noted dry sense of humor at the C is on show here…
From the SC…
10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to
file a brief as amicus curiae is granted. The petition for a
writ of certiorari is denied.
So…”Of course Western center for Lies and Propaganda, you can file am Amicus brief…..Oh by the way the actual motion is denied…..have a nice day”
I know! I was like, “What? Mario failed? Again!?” Un-fawking-believeable. How could they do that to The Penguin?!
This looks like something that should be in the urbandictionary
What is the point of allowing the amicus brief in the same order that denies the petition?
Not being a lawyer myself, I suspect it means that you don’t have to worry about providing reasons for denying the filing of the brief. He’s not going to bother filing a brief for a dead petition, but he had leave to, in the three seconds between his request being granted, and the petition being denied.
Birther’s are not only mentally ill, they are retarded. Every OMG Birther moment has failed. The Kerchner case was another OMG moment that fit this mold. Birther’s and WND got so excited (white spots on the wall excited) yet another fail. They actually expected this case to go somewhere other than the toilet, a classic show of retardation (“writ of certiorari is denied”)
.
“What is the point of allowing the amicus brief in the same order that denies the petition?”
the court has a sense of humor!
Dat’s what I said….8-)
Although on a semi-serious note it was also a bit of house cleaning and procedural process, all bits related to the original petition are bundled, tied up and not allowed to sit in a corner and fester….much like Birfoons do….8-)
Oh, the meme of “THEY WUZ GOT AT” is already starting to percolate Gretawire and I expect the same over at Freeperville as well.
I wonder if Mario will be coming ’round to discuss this developement with us…… ROFLMAO
I suppose it is easier to dispose of both with a single order. It seems to be standard operating procedure, as the same notation is seen in another case in today’s orders:
10-244
TRAVELERS INDEMNITY CO., ET AL. V. CHUBB INDEMNITY INS. CO.
The motion of Brady C. Williamson for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
We’ve been waiting for him to come around regaling us about his heroic tales of being the greatest Lawyer on earth.
Lunatic Birther Leo Patrick Haffey sees this quite differently.
He says:
Free Speech | November 29, 2010 at 11:25 am
“The fact that they accepted the amicus from Western Journalism indicates that SCOTUS is gathering information to rule on the eligibility cases and I expect that they will rule against bo on the eligibility issue, boCare, immigration et al in 2011.”
http://citizenwells.wordpress.com/2010/11/29/obama-eligibility-natural-born-citizen-obama-birth-certificate-and-college-records-simple-question/#comments
Who to believe, who to trust. It’s a toughie. 😉
Kreep has already bothered to file the brief. The way it works is that the alleged “amicus”, that is friend of the court, usually files the brief, or does something exactly like filing it, along with the motion to file it. The Court reads the brief in the course of considering the motion, so they might as well grant the motion.
The pattern, grant motion to file an amicus brief while denying the underlying petition, is routine. For example, from Berg v. Obama:
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.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/08-570.htm
May I add a word of congratulations to Dr. C, Greg and others here who widely and correctly predicted this.
The contemptible and meretricious Mario will no doubt continue to milk (bilk?) his ultra-right-wing clients for more money.
Not much more difficult than predicting that (whether or not it was hidden by clouds) the sun would, in fact, rise in the East this morning.
But where is Mario to tell us that what we saw in the east this morning was an artificial light and that the actual sun rose in the west but we can’t see it because it’s invisible?
Apparently Mario had a sleepless night, because he was casting aspersions at CAAFlog at 3:30 this morning.
http://www.caaflog.com/2010/11/28/this-week-in-military-justice-28-november-2010-edition/#comments
Orly’s response:
“We are in War! SCOTUS has no explanation, then they are one of them.”
How predictable….
Putzy is already spinning…
http://puzo1.blogspot.com/
Some titles…
Obama Ineligible! Obama: I Tried and Lied but It Won’t Go Away! Washington Times National Weekly – 29 Nov 2010 Issue – Pg 5
http://www.scribd.com/doc/44262283/Obama-Ineligible-I-tried-and-lied-but-it-won-t-go-away-Wash-Times-Natl-Wkly-2010-11-29-pg-5
Article II “Natural Born Citizen” Means Unity of Citizenship and Sole Allegiance At Birth:
http://puzo1.blogspot.com/2009/04/article-ii-natural-born-citizen-means.html
A Catalog of Evidence – Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii:
What I want to see is Putzboy, Esq., come here and own up to his failure. However, since he’s a coward, a bully, and ultimately a racist, I very much doubt that he will.
The US courts need to build an HOV lane for these birther cases. Its taking way too long and the internet gets bogged down with the same redundant arguments. I get tired of reading the same stupid arguments.
They could just have a online “EZ-File” system that would allow the crack birther legal team to select from preconfigured arguments and filings. (Ie.g. take “two citizen parents” and “no long form BC” along with a Indonesian citizen at age 6). Then with one push of a button their case would be run past an online Skype ‘panel’ of “federal judges” (really just synthetic cyber-judges) who would expedite the entire process. They could could from filing to first dismissal on the first day (if you file by 11 AM), be on to the appeals court for a EZ-denial an day two and straight onto the the SCOTUS for the final fatal stroke in a few weeks (the delay is built in to give the grifter time to build up Paypal donations.
Kreeps could just append his amicus briefs to all the SCOTUS cert requests as an upload..
Oh I’m sure dear Mario will grace us with his pearls of legal and constitutional wisdom……much, much, much later.
I imagine right now he is attempting to see how this can be spun to hammer his button….(PayPal of course)…8-)
Will a Quo Warranto keep them pushing the button?
Well this is another great victory for Birthers!
“The day is mine trebek”
“Actually Mr Connery the day is Mr. Goldblum’s but since he’s a human wasteland we’ll let you pick again.”
“I’ll take famous titties for $500 alex.”
You forgot douche… Hes obviously the biggest douche in the universe next to John Edward “Psychic”
The hack is at caaflog.com insulting real lawyers in a pathetic attempt to seem relevant.
Over at ORYR, the usual nonsense…
http://obamareleaseyourrecords.blogspot.com/2010/11/supreme-court-denies-kerchner-v.html
And over at GW…
http://gretawire.forums.foxnews.com/topic/the-hypocrisy-of-the-obama-birth-certificate-issue/page/2
SCOTUS: The Apuzzo ‘Writ of Certiorari’ is DENIED
November 29th, 2010
http://americangrandjury.org/scotus-the-apuzzo-writ-of-certiorari-is-denied
I just received an email from Victoria Windsor. The Supreme Court has denied Apuzzo’s Writ for Certiorari — they gave NO explanation whatsoever.
This tells me the Supreme Court is now complicit in the cover-up of Obama’s eligibility.
Right before Thanksgiving I received an email from a person who claimed to Clerk for Judge Thomas. I didn’t know the person so I was hoping it was a crank email. Turns out the person was telling the truth.
He said, “the Supreme Court would announce on Monday and give no explanation.” He further said, “most of the clerks at the Supreme Court were liberal and were laughing at Apuzzo and the Case.” You know that Apuzzo and Kerchner have spent in excess of a $million dollars on this case.
This tells you we have a VERY, VERY SICK Government. ALL 3 BRANCHES ARE COMPLICIT in the COVER-UP.
I have said from the start, the States and the People NEED to take control. We are never going to get the Federal Government (EVER) to do the right thing. They ALL fear for their jobs or they are all so corrupt they flat don’t give a damn.
This is disgusting. Everyone, including most Congress Members and Supreme Court Justices know that Obama is dirty.
Sorry folks — you get the kind of Government that you vote into Office. We have many people in this Country that are just fine with corruption and evil running the Government as long as they get their pay check or piece of the tax pie.
It will not change unless the States and the People stop it!
Latest from the American Grandiose Jury
“The Supreme Court has denied Apuzzo’s Writ for Certiorari — they gave NO explanation whatsoever.
This tells me the Supreme Court is a now complicit in the cover-up of Obama’s eligibility.”
http://americangrandjury.org/scotus-the-apuzzo-writ-of-certiorari-is-denied
You have to wonder at waht point is the “conspiracy” too big for them to even believe it is possible? When every single elected official, both state and federal, and 98.5% of the American public, are knowingly a part of this grand conspiracy?
At some point Occam’s Razor is just too huge to ignore as it looms over your head.
I love how they find it particularly scandalous that the Court did not offer explanation for the denial.
Did they not read the order list? There were hundreds of cases being rejected. Hundreds. They haven’t the time nor inclination to explain each and every rejection.
It reminds me of a few months back when Orly said the fact that one of her Court rejections wasn’t hand-signed by Justice Alito proved that “evil clerks” just rejected it and never gave it to him, as if anyone, ever, receives hand-signed orders from the Court in 2010.
Right now the spin includes whining that Kagan and Sotamayor did not recuse themselves, which ignores the fact that only four justices needed to vote for cert in order for it to be granted.
If the birthers would only look, they would see this right on the SCOTUS orders page:
“The vast majority of cases filed in the Supreme Court are disposed of summarily by unsigned orders. Such an order will, for example, deny a petition for certiorari without comment.”
http://www.supremecourt.gov/orders/ordersofthecourt.aspx
Not to long ago, one of the morons, at freakrepublic, suggested that the four conservative justices (Roberts, Alito, Thomas and Scalia) would deny the writ, (I swear I’m not making this up) because they had found out that Justice Kennedy would vote with the liberal members and the conservative justices were afraid that it would create a precedent.
I love that site, it is like reading the writings of mental patients in an asylum.
Daniel –
It’s actually kind of amusing to think how large of a conspiracy this has to be. Most conspiracy theories – I’d almost say near-all – have those small groups with access to the levers of power controlling things – the Illuminati, the New World Order, what have you. Even the 9/11 truthers only believe that select insiders knew of things.
Yet somehow this conspiracy includes the entire federal executive, legislative, and judicial branches from top to bottom, all 50 states, both major political parties, the entire military outside of Lt. Col. Lakin, the entire (opposite-party) executive branch in Hawaii, all major news outlets (including one that spends much of its time opposing the administration on every other issue), and most major conservative law firms, columnists, talkers, and commentators. Not to mention the governments of numerous other nations.
How is it that any one conspiracy can possibly cover so much and not have even ONE person spill the beans? On freep they often blame George Soros, who somehow is so powerful in their minds than the entire world bends to the will of this one man – except THEM. He got to Fox News, Rush, and Ann Coulter, but not freep. Exactly. That must be it.
OMG PEOPLE!!! According to that editorial from the American Grand Jury website, Mario and friends have spent at least A MILLION DOLLARS on the Kerchner case!!! Oh, the humanity! Do you have any idea how much money that is??!! How is poor Mario going to survive? Dr. C. if you have any compassion, any sense of justice; if your heart beats with even ONE OUNCE of the milk of human kindness, then quick, come quick, and quickly now, provide a link to Mario’s paypall site. Maybe we could all forego our charitable donations to NPR, Media Matters, and the Communist Party, in order to keep Mario’s spirits up. Please, people, please be generous, if we don’t act now, somewhere in New Jersey a law firm will be losing it’s idiot! I’ve already done my part, sending five sesame seeds, twenty butterfly ribs, and three pieces of slightly chewed gum I scrapped from a park bench–what can I say, I’ve had a good year. Maybe you could send your Christmas bonus from George Soros? Give what you can, but give!
The conversation has already turned, literally, to dialogue about “revolution.”
I can’t visit that site. Is that “usual” for them?
I just glanced at the various ‘UPDATES’ at ORYR and saw this:
.
“The Conservative Monster; Supreme Court Denies Kerchner vs Obama. Uses WikiLeaks Drama as The Perfect Distraction”
.
You heard it on Conservative Monster, WikiLeaks is part of the conspiracy!
Yeah. But the comments at both dr. kate’s blog and at the American Grand Jury blog are usually much worse.
Yes James its usual. Black Lion has done a good job catalogueing the crazies by going to those sites so we don’t have to. I figured that the talk of revolution would start back up with the case being shot down in flames again
Arthur at least we know where they got the “Obama has spent millions hiding information” from. If they’re spending millions on these cruddy failures of cases then they think somehow Obama must be doing it too.
I added some punctuation marks to make it more clearer. We don’t want to exclude the conservative clerks who were laughing at Apuzzo.
I don’t believe Mario or Kerchner have spent a million bucks; Mario might have billed somebody a million, but I’ll eat my Planned Parenthood membership card he spent any of his own money.
Over at Dr. Kate’s everyone seems to be in a revoltin’ kind of mood… and several people have mentioned WikiLeaks being used as a distraction. I wonder what their emails to each other are like – probably planning the seditious acts that they think will cause the multitudes to rise up and overthrow the usurping mofo, his traitor judges, the commies at WikiLeaks, anyone who’s every read something written by Saul Alinsky, Governor Lingle’s administration, the Hawaii DOH, the CIA, the New World Order, the Bilderbergs, George Soros, the Democratic Party, The Republican Party, the ‘Lamestream’ media, the liberal elite, FOX News, socialist ghost Nazis, zombie socialist Nazis, Nancy Pelosi, the army of Obots that work to sabotage the birther’s every move, every member of the US military with the exception of soon-to-be-mister Lakin, Cmdr. Kercher (retired is as good as active in their minds…) and a few others, muslims, foreigners, muslim foreigners, the 16th amendment, the 17th amendment, US v. Wong Kim Ark, heath insurance reform (i.e. ‘Obamacare’), godless atheists, socio-communistic liberals, …
Laughed at Mario’s case? No, that can’t be right. Heck, they didn’t even hear Mario’s funniest bits, like de Vattel is incorporated into the Constitution, “common law” means “law of nations” etc.
The question is, has a ‘birther megabuck’ passed through PayPal? I wouldn’t be surprised if all of the birther donations combined totaled over $1,000,000.
Does this include the money given by multiple sock puppets as well?
I’m not sure how to account for donations made to oneself via sockpuppets, but I would guess that it’s indicative of a need for intervention by trained mental health professionals… 😉
Oh, I’m sure that Justice Thomas’s clerks are all red-diaper babies. *rolls eyes*
Dr. Kate is almost enough to make me ashamed of having gone to Smith. Then again, if she’s ever crazed enough to show up at a Reunion, it would be a perfect opportunity for me to announce, loudly, to her entire class that she’s an advocate of armed revolution and a world-class crank.
I’d pay to see that! 😉 Seriously, I find the openness and fervor with which they talk about sedition over at Dr. Kate’s view somewhat disturbing…
In all fairness to Mr. Apuzzo, the Sun had not proven that it was going to rise this morning.
Is that a trick question? Birthers only read birther blogs, not original sources, or else they wouldn’t be birthers. (In all fairness SOME birthers read original sources, like our occasional WAYK.)
Well, there was Tim Adams.
Even more hilarious are some of the other comments…
Margie | November 29, 2010 at 10:41 am | So Scotus Declared, bring on the civil war, may they be the first to burn!!!
Free Speech | November 29, 2010 at 12:19 pm | It is interesting that the obots are coming out of the woodwork again to spread gloom and doom over a rulling that was fully expected by almost all legal scholars.
Matt | November 29, 2010 at 12:44 pm | This case getting dismissed was expected but it still enrages me. There have been several other cases that were distributed for conference by SCOTUS that were dismissed due to lack of standing. There is no light at the end of the tunnel. SCOTUS is not waiting for a stronger case or anything like that. None of the cases were dismissed based on their merits, always lack of standing. “Lack of standing” = Cowards In Black Robes
GORDO | November 29, 2010 at 12:49 pm | Posted in comments’:
“cfkerchner said…
Carlyle,
The “Roberts Court” of the U.S. Supreme Court imo will be known in history as the Neville Chamberlain supreme court, the great Obama appeaser court.
http://en.wikipedia.org/wiki/Neville_Chamberlain
Appeasement due to fear that some immediate small amount of veiled and threatened violence from the far left Saul Alinsky goons and tyrants and bullies and thus not doing the right thing early only to support the rule of law and the Constitution ultimately leads to be much bigger problem later. History has shown us that over and over. This matter should have been addressed by the media and political parties early in the spring of 2008 during the primaries. It wasn’t. Congress should have addressed this when asked and when constitutionally it was required to. It didn’t. The courts should have addressed the merits of the questions when appealed to early on. They didn’t. Everyone in our system of government chose appeasement over confrontation and punted the ball to someone else. Now it is far worse. The Supreme Court has chosen appeasement and inaction over action and dealing with the issue and questions openly in a court of law under the rules of evidence and law. Our Constitutional Republic and legal system is now compromised and broken. And it will only get worse as our legal system and constitutional republic further deteriorates and the rule of law gives way to appeasement of bullies such as Obama and his far left cronies and puppet masters. Appeasement of the constitutional usurpers will not make it go away. It will only delay the inevitable and fester and in the end be a far worse situation to deal with when the real nature of the tyrant reveals himself in a bolder way and takes away all our liberties. Neville Chamberlain tactics never work with bullies, tyrants, and national socialists.
CDR Charles Kerchner (Ret)
November 29, 2010 9:30 AM”
https://www.blogger.com/comment.g?blogID=7466841558189356289&postID=5326958144121265513
I am more encouraged about the prospects of legally removing bo than I have been in almost two years.
bo and the obots want you to be hopeless. Don’t fall for bo’s con game again.
GF, that was hilarious….The Freepers are like early Man before they discovered cognative thought….
And back at the cesspool known as Citizen Wells…
GORDO | November 29, 2010 at 12:54 pm | “Open Letter to Congressman Rohrabacher”
“ISN’T IT PAST TIME FOR YOU TO FIX THE PROBLEM YOU CREATED?”
“To add to this betrayal of the American people, the 111th Congress not only permitted the subversion of the government to occur but all of the members of Congress also aided and abetted the domestic enemy, Mr. Obama, to proceed.
When I visited your office regarding my concerns about this matter in the early part of 2009, you even had the unmitigated gall to give me your personal assurances that Mr. Obama’s eligibility issue was resolved to your satisfaction, that you were especially familiar with the issues and that it was of no consequence.”
http://www.thepostemail.com/2010/11/29/open-letter-to-congressman-rohrabacher/
Unlike other days when they are just revolting.
What! You disagree with my spurious and puerile conspiracy fantasy?
How dare you, sir! How DARE you!
I know…What was he thinking to not agree with that wingnut and his wild theories and interpretations of the law….
True,but we can rely on the Newtoneenth Amendment which overrode the “The Church v Galileo”; a ruling which history has judged to be perhaps the worst in the recorded history of the solar system. .
Butterezillion is in rare form over at fr –
http://www.freerepublic.com/focus/f-news/2634376/posts?q=1&;page=101
post #109
She’s convinced that Soros is behind everything, everthing is a conspiracy and there are no coincidences in the world. She is quite a sad character.
And she’s a teacher.
Your kidding. Wow, that just makes her an even sadder character.
Not kidding and I wish it wasn’t true. Birthers are an infectious disease.
I’d love to sit in one of her classes just to see what she teaches. It makes me wonder if its like Mr. Garrison off south park
The Soros fascination has always amazed me. Butterdezillion honestly believes that he had the power to cause the entire worldwide economic collapse and that another could happen on a moment’s notice, on only his say-so, and that’s how he’s controlling the media (including Fox News), the government, and the courts.
My question is, if he has that much power over (to use only one example) Fox News such that he can force them not to report about Obama being ineligible, why wouldn’t he use that power to also make them parrot the “party line”? Why use that power ONLY to push this singular issue? If he has all this power to force the Supreme Court to ignore this issue, why would he let them rule against “his goals” in other cases?
There are no words.
And if Soros has that much power, how did the Republicans manage to regain control of the House?
Not to mention if he had all that power and he spent a lot of money trying to defeat Bush how come Bush won reelection?
Anderson Cooper goes head-to-head with Texas State Rep. Leo Berman, who has expressed doubt in Pres. Obama’s birthplace.
Texas State Rep. Leo Berman was taken to the cleaners by Anderson Cooper last night. It’s always so hard to fathom how these people get elected anywhere, for any public office, but the nation’s state houses seem particularly chock full of nuts lately.
Amazingly, Berman uses a Congressional Research Service legal memo debunking Birtherism as proof for his Birtherism.
http://www.cnn.com/video/data/2.0/video/politics/2010/11/30/ac.berman.birther.debate.cnn.html
Because the Koch brothers bought the SCOTUS?
😉
Berman (like Apuzzo and all birthers) is truly an idiot. AC had him on the ropes but Berman was too stupid to realize it. Interesting also how a state rep. can implicitly accuse Hawaiian members of government and members of his own party of fraud and conspiracy.
“Berman uses a Congressional Research Service legal memo debunking Birtherism as proof for his Birtherism.”
Actually, the idiot was quoting an anonymous blogger’s birther interpretation of the CRS memo.
Berman is a disgrace to this nation.
I got the distinct impression that Anderson Cooper either went home and got very drunk after that interview, or went into his dressing room and banged his head against the wall for several minutes. The way he kept saying “that’s not correct” or “that’s not true” while Rep. Birther spewed one talking point after another was truly amazing.
Berman just goes to show that with a particular partisan label behind your name–D or R depending on where you are running–people will still vote you into office even if your IQ is only 15.
train111
You’re being too generous. 😀
Isn’t that 50% more than the birther mean?
In Birferstan, the bells only have left halves.