Sunday, November 09, 2008

COLB

Souter.  Kind of Hoped For a Real Justice.  Sigh.
No. 08A391   
Title:    
Philip J. Berg, Applicant
v.
Barack Obama, et al.
Docketed:   
Lower Ct:    United States Court of Appeals for the Third Circuit
  Case Nos.:    (08-4340)

~~~Date~~~     ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 31 2008     Application (08A391) for an injunction pending disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008     Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008     Application (08A391) denied by Justice Souter.


~~Name~~~~~~~~~~~~~~~~~~~~~        ~~~~~~~Address~~~~~~~~~~~~~~~~~~       ~~Phone~~~
Attorneys for Petitioner:       
Philip J. Berg    555 Andorra Glen Court, Suite 12    (610) 825-3134
    Lafayette Hill, PA  09867   
Party name: Philip J. Berg
Attorneys for Respondents:       
Gregory G. Garre    Solicitor General    (202) 514-2217
    United States Department of Justice   
    950 Pennsylvania Avenue, N.W.   
    Washington, DC  20530-0001   
Party name: Federal Election Commission, et al.
MitchM

5 comments:

Anonymous said...

What I can't understand is why no one in the media or elsewhere checked. I only had a little trouble at the SCOTUS website finding this. I think it is a subconscious thing. We all wanted a little justice.

MitchM

Anonymous said...

Wait! Oops. Only the application for the injunction is denied! The writ for certiorari may still be in play and he may have to produce by December 1st.

touring word is "guess" how apropos.

MitchM

Anonymous said...

No it's not hard to find, I just don't think anyone expects the SCOTUS to publish their orders like that.

As to the petition for a Writ of Cert. If the Court grants the writ the only thing they are agreeing to do is review the record as it exists in the lower court and decide on the legality of the lower court decision.

This Dec. 1 date that everyone keeps throwing around is probably the date for the opposing counsel (the Solicitor Gen for the FEC and whatever high priced gun Obama hired) to respond to the petition. The only argument they're gonna make is why they thought the lower court was right and the Writ should not be granted.

It would be very strange for the SCOTUS to order either side to produce anything not already in the lower court record at this point in the proceedings. -embycil

Scottiebill said...

Souter is lucky that he is appointed to his position for life and can't be removed except for impeachment. Otherwise, his tenure at SCOTUS could be, or at least should be, in jeopardy.

cmblake6 said...

Well, there's impeachment, retirement, or death. A smart one of them would do B, before A or C developed imminence.

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