BREAKING UPDATE: Berg v Obama & Federal Election Commission, et al.

Today, attorney Phillip J. Berg filed the following in the United States Supreme Court: ‘Nov 3 2008 Supplemental brief of applicant Philip J. Berg filed.’ The Entire Docket is attached below.

David Hackett Souter, is well known as a very liberal ‘Justice’ with whom the Berg Application and Supplement was filed. The current application was filed after the Appeal was filed at the 3rd Circuit Court of Appeals.

I suspect that it was an Emergent Appeal to a Single Justice. Under emergent matters one selects the Justice that one believes is best suited for the matter at hand. This choice was Berg’s.

As of 4:00 pm the office of the U.S. Attorney General was not aware of this decision by Souter. They had earlier filed a motion for an extension of time to reply to Berg's application according to the telephone conversation the Justice Department. The matter is now Moot, we believe, at least before a single Justice for relief.

Berg may exercise his option to apply to the entire Court for relief.

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No. 08-570

Title:

Philip J. Berg, Petitioner

v.

Barack Obama, et al.

Docketed: October 31, 2008

Lower Ct: United States Court of Appeals for the Third Circuit

Case Nos.: (08-4340)

Rule 11

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~

Oct 30 2008 Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008)

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.

~~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.