Philip J. Berg - Lawsuit Concerning Barack Obama

Lawsuit Concerning Barack Obama

Berg filed a complaint in federal district court on August 21, 2008, against Democratic Party presidential nominee Senator Barack Obama, the Democratic National Committee and the Federal Election Commission, alleging that Obama was born actually in Mombasa, Kenya and that the "Certification of Live Birth" on Obama's website is a forgery. The court dismissed the complaint as "frivolous and not worthy of discussion." The judge also found that the harm Berg alleged did "not constitute an injury in fact" and that Berg's arguments to the contrary "ventured into the unreasonable." Berg filed a petition for writ of certiorari to the United States Supreme Court and also sought an injunction to suspend the election. The injunction was denied by Justice David Souter on November 3, 2008. Berg also sought an application for injunction pending the disposition of the petition for writ of certiorari; Justice Souter denied it, Berg refiled and submitted it to Justice Anthony Kennedy (who denied it), then refiled and submitted it to Justice Antonin Scalia, who referred it to the Court. On January 12, 2009, the Supreme Court denied Berg's petition for writ of certiorari, and on January 21 the Court denied the application for injunction.

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