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:
BERG, PHILIP J. V. OBAMA, BARACK, ET AL.
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: Ballot-Access.org 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.