Wednesday, June 30, 2010

The Kerchner et al v. Obama/Congress et al Appeal to Third Circuit 'Submitted for Decision' 29 June 2010 on the Written Briefs with No Oral Argument

The U.S. Third Circuit Court of Appeals which sits in Philadelphia PA decided to not allow any Oral Argument on the Kerchner v Obama & Congress appeal to that Court. The case was officially "submitted for decision" on the written briefs on Tuesday, June 29, 2010. Our presence at the courthouse was not required.

The U.S. Third Circuit Panel of the Court that will decide the appeal will be comprised of Circuit Judges Sloviter, Barry, and Hardiman.  See the latest Appeal Court Docket entry here.

As we know in the lower court, the Federal District Court, Judge Simandle granted Obama’s/Congress’s motion to dismiss the plaintiffs' complaint/petition for lack of standing and political question. The Kerchner plaintiffs thus appealed that decision to the U.S. Third Circuit Court of Appeals. Legally, on a motion to dismiss the complaint on its face for lack of standing and political question, both the trial and the appeals courts are supposed to accept the facts alleged in the complaint/petition as true and in a light most favorable to the non-movant. We have alleged and shown the facts that Obama is not and cannot be an Article II "natural born Citizen" because he was born a subject of Great Britain through descent from his British subject/citizen father who was never a U.S. citizen, making Obama born with dual citizenship and conflicting allegiances if he was actually born in the U.S., or with sole allegiance to Great Britain if he was born in Kenya. We have also alleged and shown the facts that Obama has not conclusively proven that he was even born in Hawaii. Obama and Congress have presented no evidence or argument to the Federal District Court in Camden NJ or to the Court of Appeals in Philadelphia PA contesting these arguments. The issues of standing and political question are well briefed in the written briefs presented to both courts. We have presented in our briefs how the Kerchner plaintiffs have standing and how the Obama eligibility issue does not present any objectionable political question for the Court.

Of course, it is our hope that the U.S. Third Circuit Court of Appeals reverses the decision of the Federal District Court which dismissed the complaint/petition for lack of standing and political question and returns the Kerchner case to the District Court in Camden NJ for discovery and trial. If the Third Circuit Court affirms the District Court, thus denying our appeal, we will then be filing a Petition for Certiorari with the United States Supreme Court which will have the final word on this matter in any event.

Attorney Mario Apuzzo will likely post a statement on this matter later.

Charles Kerchner, Commander USNR (Retired)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
June 30, 2010


jayjay said...

Thanks for the headsup. Many people were wondering what the situation might be.