Kerchner v Obama- All Is Not Lost

Mario Apuzzo from the beginning said this case is going all the way to the Supreme Court. As news of the Third Circuit Court of Appeals wears off, take heart in the knowledge, plaintiffs were not expecting a positive ruling. It wasn't too long ago the New Haven firefighters case was overturned after an appeals court voted 2 -1 against.

I woke up this morning with the nine justices names running through my mind, must have been the bbq sausage. BTW how was your 4th?

What is good and at the same time lamentable, is the out of hand dismissal of the Kerchner case. Mario Apuzzo has on his website, "A Place To Ask Questions" articles and essays discussing the pertinent facts of his case. On June 30, Apuzzo updated us with the news his case was in the hands of the 3rd Appeals Court in Philadelphia. Hardly had the ether dried on the pixels of his article, before news 2 days later, of the out right rejection of his appeal. What is good, is it only took 48 hours to get a decision, only two days were wasted, before the case can move up the ladder to the Supreme Court.

What was bad, besides the whole process of mucking around with this Usurper business, is the clownish Catch-22 the appeals court gave as their justification to dismiss. In essence they said we dismissed the Berg case for lack of standing, and this is just another identical case of "no standing". But if you read the ruling against Berg, you'll see the reason for dismissing his case was not related to the Kerchner case as stated Friday.

The Berg case was thrown out for lack of standing because the ruling stated "any person has a right to run for president, irregardless of their eligibility status, the test of eligibility cannot be applied unless and until that person actually wins the election and takes the oath. Therefore Berg was dismissed because he filed in October 2008, a month before the election. The appeals court wanted to ensure every jackalope and freak in the country weren't impinged upon in their efforts to be the prez.

Mario Appuzzo took that timing issue into account, he didn't file his case until January 20, 2009. His time stamp on his electronic filing indicates it was filed as Obama was actually taking the oath of office. Hmmm no standing as in Berg v Obama? It sure doesn't ring true. Not as written by the 3rd circuit appeal when you hold up both cases side by side.

A cute Catch-22 the 3rd circuit dreamed up. You can't be heard before someone is elected, but on the other hand once that person gets elected now you can't be heard because now the prior case's dismissal precludes it. Sounds like a case of judical PMS, one bitchy irrational thought, justified by another equally bitchy irrational thought.

We've got November and we've still got a future ruling from the Supreme Court due us. We also must press our state governments to pass eligibility legislation enforceable prior to the 2012 election. If these fail us then we must take up arms. In the mean time, if we see no meaningful representation after the November 2010 election, we must take to the streets. The time is waning for maintaining a peaceful posture in our protests and assemblies. We need to escalate the costs to the forces behind the usurpation of our government. Rioting and destroying property in Smallville, USA will only hurt the local people, most likely people who agree with us. But there are the 50 State Capitals and Washington DC itself. If we have no just government what do we need these buildings to house these scoundrels for, to mock us?

I've mentioned a couple of our hopes in this endeavor to wrest America from the hands of the Usurper, now I'll close by listing our greatest strength. We've got God.

Steve