First off, I am not an attorney. I am just trying to decipher the Supreme Court’s actions.
Per the Supreme Court Calendar, there are only three “conference” days in January: the 9th, 16th, and 23rd. Each of those conference days has scheduled discussion of cases challenging Obama’s eligibility to hold the office of President of the United States. (9th and 16th for Berg, 23rd for Lightfoot).
Per that same calendar, there are only four “argument” days in January: the 12th, 13th, 14th, and 21st, and there is only one non-argument session, on January 26th.
If there were to be argument heard in the SCOTUS before the Presidential inauguration, it would have to be today, tomorrow, or Wednesday. That appears highly unlikely to happen.
When last Friday’s “Miscellaneous Order” list did not show Berg’s case being granted certiorari, it appeared unlikely that Berg’s case would be granted certiorari today. (The observed pattern from past orders is that those granted certiorari are informed “early” with a “miscellaneous order”, while those denied are officially told the next business day).
Today’s Order List did in fact deny certiorari to Berg.
But it also did something else…
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.
While the petition for a writ of certiorari was denied, it is “before judgment”.
I interpret that to mean that the court has not judged this case yet.
AND, why would the court grant the motion of Bill Anderson for leave to file a brief as amicus curiae, if the court was through with Berg’s case?
It appears that the court is NOT through with Berg’s case. The court denied the petition for a writ of certiorari before judgment. That, to me, says that they don’t need or want to hear oral argument from Berg. But, at the same time, they are open to hearing what Bill Anderson has to say in his amicus curiae (“friend of the court”) brief.
And what is scheduled for conference in the Berg case on Friday the 16th? Will the court, on that date, decide as a “SUMMARY DISPOSITION” whether or not Obama is qualified to hold the office of President of the United States? If so, will their decision be released in a “Miscellaneous Order”? Or will we have to wait for the next business day, which just so happens to be Tuesday, January 20th (since Monday the 19th is the Rev. Dr. Martin Luther King Jr. Holiday)?
Would the Supreme Court, on the morning of the inauguration, declare Barry Soetoro (a.k.a. Barack Hussein Obama II) ineligible to hold the office of President of the United States?
That would certainly be “shocking” to all of the people who believe he is qualified to hold the office.
Will that happen? I don’t know. All I know for certain is that:
1) SCOTUS granted Bill Anderson’s motion to file an amicus curiae brief.
2) SCOTUS denied the petition for a writ of certiorari before judgment.
3) SCOTUS will conference on the Berg case on Friday, January 16th.
4) SCOTUS will conference on the Lightfoot case on Friday, January 23rd, but that is after the inauguration.
Could Chief Justice John Roberts swear in a man who has failed to qualify to hold the office of President of the United States?