Berg v. Obama - App to Scalia Injunction to Stay Vote Count

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No. 08-570 _________________________________________________

In The Supreme Court of the United States

_____________________

Philip J. Berg, Esquire,

Petitioner,

vs.Barack Hussein Obama, Jr.,

et al,

Respondents.

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APPLICATION TO JUSTICE ANTONIN SCALIA FOR AN IMMEDIATE INJUNCTION TO STAY THE COUNTING OF ANY VOTES CAST FOR BARACK H. OBAMA BY VICE PRESIDENT RICHARD B. CHENEY, THE HOUSE OF REPRESENTATIVES AND THE SENATE ON JANUARY 8, 2009 PENDING RESOLUTION OF THE PETITION FOR WRIT OF CERTIORARI

_____________________ To the Honorable Antonin Scalia, Justice of the United States Supreme Courtfor the Fifth Circuit:

NOW COMES

the Petitioner, Philip J. Berg, Esquire, and pursuant toUnited States Supreme Court Rule 22.5 hereby makes this Application for anImmediate Injunction Staying the counting of any Electoral Votes cast for BarackH. Obama, by Vice President Richard B. Cheney, The House of Representatives andthe Senate on January 8, 2009 pending resolution of the Petition for Writ of Certiorari, as Obama, who knows he is not “natural born,” as he knows where hewas born and he knows he was adopted in Indonesia; is an attorney, Harvard Law

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grad who taught Constitutional law; has placed our Constitution in a “crisis”situation; and Obama is in a situation where he can be blackmailed by leadersaround the world.

I. REQUEST FOR EMERGENCY RELIEF

1.

A petition for Writ of Certiorari was filed October 30, 2008 in thisCourt, before judgment was issued from the United States Court of Appeals forthe Third Circuit for an appeal of a Memorandum and Order of the UnitedStates District Court for the Eastern District of Pennsylvania dated October 24,2008.

2.

The United States Constitution, Article II, Section I, Clause 4 states inpertinent part, “

No person except a “natural born” Citizen, or a Citizen of theUnited States, at the time of the Adoption of this Constitution, shall be eligible tothe Office of President…”

3.

It is imperative to ensure our Democratic Presidential Candidate is a“natural born” United States citizen and qualified/eligible to serve as Presidentof the United States.

4.

The electors, as agents of voters, have a Constitutional duty to makean informed, independent decision to vote for a candidate who is proven to bequalified/eligible to serve as President of the United States. This dutysupersedes allegiance to a particular party. Therefore, before the electors casttheir vote on December 15, 2008 in favor of Barack H. Obama [hereinafter“Obama”], it must be proven that Obama is a “natural born” citizen.

35.

Petitioner filed for an Injunction in the Third Circuit of Appeals,stopping the certification of electors, prohibiting the electors from casting theirvotes for Obama on December 15, 2008, and staying Vice President Richard B.Cheney, the House of Representatives and the Senate from counting anyelectoral votes for Obama. Unfortunately, Chief Judge Scirica and Circuit Judge Ambro denied Petitioner’s Emergency Motion based on Standing, finding even if Appellant had standing, Appellant has no justiciable controversy exits as Appellant seeks adjudication of a Political Question. Judge Scirica and Judge Ambro’s ruling is attached hereto as

EXHIBIT “A”

. The ruling further statesObama and the Democratic National Committee provided notice of theirOpposition to Appellant’s Emergency Motion for Immediate Injunction on theGrounds previously set forth in Appellees’ Opposition to Appellant’s PreviousMotion for Injunction, however this notice does not appear on the Docket, see

EXHIBIT “B”.

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Both the District Court Judge and the Third Circuit Court of Appealsdenied Petitioner’s request for injunctive relief on the basis that Petitionerlacked standing. The District Court, Judge Surrick, noted, “standing has been aconsistent barrier to lower courts hearing generalized, undifferentiated claimsby voters and citizens.” To deny standing to Petitioner on this basis istantamount to depriving a victim of an explosion that resulted from anotherparty’s negligence from suing that party because other individuals have beeninjured as well.