Saturday, November 6, 2010

Respondents Waive the Right to Respond to the Petition for Writ of Certiorari to the U.S. Supreme Court for the Kerchner et al v Obama et al Lawsuit

Respondents (Obama & the other Defendants) Waive the Right to Respond to the Petition for Writ of Certiorari to the U.S. Supreme Court for the Kerchner et al v Obama et al Lawsuit

There is new activity on the U.S. Supreme Court Docket today with an effective date on the docket of 3 Nov 2010.

1. The Respondents named in our Petition have waived their right to respond.

2. The Western Center for Journalism has filed a motion for leave to file an Amicus Curiae Brief in support of our petition.

To read the Petition to the U.S. Supreme Court filed on 30 Sep 2010 see this link:

For More Information contact:
Mario Apuzzo, Esq., Jamesburg, New Jersey
Tel: 732-521-1900, Fax: 732-521-3906

More information will be posted as we receive it.

Update 1 - 06 Nov 2010:
Copy of Waiver by the Government received in the mail has now been scanned in and uploaded to You can view it at this link:

Update 2 - 06 Nov 2010:
To read the Amicus Curiae Brief filed for the Western Center for Journalism in support of our Petition for Writ of Certiorari see this link:

Update 3 - 06 Nov 2010:
Here are the applicable U.S. Supreme Court rules and regs regarding Amicus Curiae Brief filings in support or in opposition to Petitions for Writ of Certiorari:

Update 4 - 08 Nov 2010: Petition distributed to the U.S. Supreme Court Justices for the conference scheduled for 23 Nov 2010.

CDR Charles Kerchner (Ret)
Pennsylvania USA
Lead Plaintiff, Kerchner et al v Obama et al


jayjay said...

It will be interesting to seed if the Court requires dthe defense to respond ... or does their response by declining to respond count as a response?

I wonder if the lack of response might allow a summary request to grant the cert???

Mick said...

What would be the reason that they don't respond with the "standing" argument? Maybe because you have just the right niche in time to prevent that argument?

MichaelIsGreat said...

Hello Mr. Apuzzo,

When there is an event like that, it would be great (if it is appropriate for you to do so at this particular time) if you could make a short comment on what this event implies for the future of your case, concretely?

In other words, is this waive of the right to respond to the petition for Writ of Certiorari to the U.S. Supreme Court good or bad for your case?

Unfortunately, I am not a legal expert by any long shot. However, I want to keep checking how your legal fight goes because really I am fed up to see Obama be left free not to have to prove his eligibility to be president of the USA when obviously he trampled the Constitution of the USA by not being a natural born citizen (BOTH parents must be American citizens and he must be born in the USA), an indispensable requirement to be President of the USA.

In any case, thank you for all your efforts.

Perseverance will lead you to victory, not matter when. It is only a matter of time before the extent of Obama's deception will be uncovered fully!!
Like the extent of the evil doctrine of Obama's pastor Jeremy Wright who preached hatred against whites, hatred against America and Americans, and hatred against Jews for more than 20 years during which Obama joyfully attended such an evil church without even complaining once against his pastor's message of hate, of anti-Americanism, and of anti-Semitism!!


cfkerchner said...


Every move in a legal battle like in chess has both advantages and disadvantages. But imo humble opinion, in the big picture, this waiver is good for us since it clears the way to get to conference sooner rather than later as Obama and the government has decided not to stall and ask for a delay to file their opposition brief, etc., and in effect to take its chances with the Justices in the conferencing on this Petition. And we've been locked and loaded since we filed the Petition so we want to get to the conference sooner rather than later, for the good of our nation and the Constitution. So this is good from our perspective. Mario may wish to add more as to their possible reasoning from their perspective as to their "strateggerary" for not filing an Opposition brief and/or for asking for a delay or extension to file such an opposition brief, which they could have done to stall. Personally, I think they are over confident and are gambling that the Supreme Court will not take up our case. But my gut instinct makes me believe the Justices will take up our case. The truth and history will win in the end. The Justices know that. And I think they now will want to be on the winning side of the truth and history and the Constitution and a rapidly awakening We the People. JMHO.

CDR Charles Kerchner (Ret)

P.S. For those who can, please make a donation to help us in this battle. We need the help. No amount to small or large. $10 or $1000. It all adds up and helps the cause. So give what you can. Thank you.

Guy4013 said...

As I understand the SCOTUS conference calendar, the first open dates will be December 3 or 10.

Also, I fail to understand that FOUR Justices would not be interested in a conference to setting the historical definition of NBC for all future generations.

I pray for your good work on behalf of our Constitution and the rule of law.

Thanks Charles and Mario

cfkerchner said...

To all,

Some questions are being posed to us which are asking about confidential matters at this time. Such questions will not be posted. At such time as we can discuss them we will. Please understand the extreme importance of this case to the nation and our constitution. We cannot share with you inside baseball type information and such questions from readers will not be posted here until Attorney Mario Apuzzo so chooses to address such topics. So please remember this and consider that in the questions you pose to us.

CDR Charles Kerchner (Ret)
Lead Plaintiff
Kerchner et al v Obama et al
(a blog contributor and moderator)

bdwilcox said...

Charles and Mario,

When the court accepts your case, what kind of expenses are you and the other plaintiffs going to face, such as travel and accommodations? And can donations for such be submitted through your website?


cfkerchner said...


Yes, we will have fund raising campaigns through the (POL) site as needed to raise money for the prosecuting of the case. The moneys if needed for such expenses as you describe would be donated via that site.

Here is the current statement in the POL site as to what type uses current donated fund could be used for:

"Donated funds will be used for Advertising, Publicity Events and Items, Public Relations Events, Publicity Event, Speaking Travel Expenses, Printing, and other Sundry Expenses needed in publicizing, educating the public, pursuing, and prosecuting the Kerchner v Obama & Congress lawsuit in our effort to protect our unalienable rights and liberty interest enshrined in our U.S. Constitution."

If additional special use needs come up we will add that to the page and/or speak about it in that site. For example we made a special plea to quickly raise the $4000 needed to cover the printing and preparation costs for the Petition to the U.S. Supreme Court.

Please note to all, if you do not already know it, Attorney Mario Apuzzo is working this case pro-bono. And the work done by Mario on this case is considerable and masterful. He and the Plaintiffs have given much in time, talent, and treasure to this cause in addition to their names and sacred honor in this effort to Protect Our Liberty and remove the usurper from the Oval Office.

Hope this answers your questions.

Campaign #6 is currently underway at the POL site.

Anyone who is in a position to donate, small or large, is respectfully asked to help. Here is the link:


CDR Charles Kerchner (Ret)
Lead Plaintiff
Kerchner et al v Obama & Congress et al

P.S. And a personal thank you to you Bdwilcox and all others who read our blog for you generous past donations. Bravo Zulu to you all!

Georgetown said...

Here comes the Truth in Main Stream
There was an odd little moment with Spice Jet founder Bhupendra Kansagra when President Obama spoke to CEOs Saturday in Mumbai.

MR. KANSAGRA: Thank you. Welcome, Mr. President, to India. As a fellow Kenyan, I’m very proud to see that you have made --

THE PRESIDENT: Made something of myself. (Laughter.)

MR. KANSAGRA: -- India as the focus of your drive for exports out of the U.S.

Obviously the president is not a Kenyan. One supposes Mr. Kansagra meant "of Kenyan ancestry" or something.

cfkerchner said...

Hi Georgetown,

Yes, it is hard to keep the truth covered up. The truth always comes out even with freudian type conversational references like that one. I made the link active for you:

Also we have many more references in the news going back as far as 2004 at this link:

And then of course there is the excellent "Catalog of Evidence" prepared by Mario as to why Americans have a right to be concerned and doubt Obama was actually physically born in Hawaii and not just had his birth falsely REGISTERED their by his maternal grandmother using the lax Hawaiian birth registration laws and processes in 1961. The vast preponderance of that evidence and public statements made by officials and people over the years and even by his wife say Obama was likely not physically born in Hawaii.

CDR Charles Kerchner (Ret)

js said...

It is a wonder that the Government of the people has resisted this in the past. In all rights and reasons...the Governments position should be to determine the constitutionality of the issue instead of if the people have standing to raise the issue itself. The oath of office for every Government employee is to protect and defend the Constitution, not some political party or Barak Hussein Obama, but these Great Unites States of America. As a nation laws, this should be the minimum expectations of of service.

js said...

Funny how everything comes together, and right on topic with The Western Center for Journalism brief (credit to Burg over at "The Right Side of Life);

Chris Strunk said...

Endeavor to perceiver. The recusal of Sotomayor and Kegan is a fight worth having and when it comes to either of their swan songs it ain't over until the fat lady sings.