Dispatches from the Creation Wars

No Can Has Cert, Berg

Jan 12 2009 Petition DENIED.

The Supreme Court announced today, in a totally expected move, that they were denying certiorari to Philip Berg’s quixotic attempt to prevent Obama’s ascendancy to the office of President of the United States of America. This also makes moot this Friday’s hearing on the injunction pending disposition of cert – the cert has been disposed. Properly. In the circular file. Rumors of hysterical laughter emanating from chambers are as yet unsubstantiated.

Where does that leave the Obama deniers? Well, on the 23, another application for an injunction pending cert is due to be heard. Since Obama will be seated by then, expect the injunction to be denied (even if there was any merit to the claim, any damage would already be done).

And of course, there’s the Keyes case. Unfortunately, I haven’t been able to dig up any updates on it. It appears to be the only one capable of surviving standing, but because he filed after the election, it may fail simply due to that. Assuming the case isn’t dismissed for procedural reasons, his claims are full of errors and gaping holes in logic. It is very unlikely that anything would come of the case. Some highlights of the errors and logical holes:

Even if Obama were required to produce documentation to the court, the COLB shown online would be prima facie evidence of all the facts attested on the COLB – including being born in the US – under Hawai’ian, federal, and constitutional law. In order to see the original birth certificate, Keyes would have to either prove the document to be a forgery or provide admissible evidence that the facts are wrong. Merely claiming that it might be wrong is not sufficient to avoid summary judgment in favor of Obama.

Obama’s original birth certificate was filed two business days after he was born. The procedure to qualify for a Certificate of Hawai’ian birth takes longer than that. However, that is the normal turnaround time for a Friday evening birth in a capital city.

The Box 7C he refers to actually asks the birthplace of the mother!

Now, a response to some another argument I have run across:

There is no evidence that his sister has a COLB. This rumor first appeared when someone altered the pdf file to make it appear as if Obama’s COLB was really an altered scan of Maya’s COLB. Not only that, but Maya is not eligible for a Certificate of Hawai’ian Birth, as her parents had been living in Indonesia for about three years by the time she was born.

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