Berg v. Obama: The Day of
Thomas J. Latino, Esq.Thomas.firstname.lastname@example.org
deadline has come and gone. At 5pm Eastern Standard Time, yesterday, December
, 2008 the case of Berg v. Obama reached a seminal moment.
Yesterday was the deadline for the Obama legal team to file their response to
the Berg Petition for a Writ of Certiorari. There was nothing. According to
the Supreme Court's docket for the case nothing was filed overnight. Mr. Obama
has done what hasn't been done before, he has made history twice, Mr. Obama
has blatantly ignored a request from the Supreme Court of the United
States—our highest and most revered legal institution; Mr. Obama, quiet
frankly has thumbed his nose at the highest court in our land.
attorney, I know full well that Rule 11 of the United States Supreme Court
does not specifically dictate a Respondent file a reply brief "unless
specifically ordered by the Court"—and to be fair we have no evidence to show
that Mr. Obama was indeed ordered by the Court to produce such a reply.
However, it is out of sheer reverence and respect for the institution, if not
to underscore the merits of your case and the lacking of your opponents' that
almost ALL Respondents file some sort of reply with the court. Mr. Obama's
actions yesterday reek of a type of arrogance that even I as an attorney
never displayed to any court nor have I ever
witnessed such flippant behavior during my legal career.
This is not
some low level circuit court; this is the United States Supreme Court. Why
would the Obama legal team find it necessary to work so diligently in the
Federal Court in Pennsylvania
filing Motions to Dismiss and Protective
Orders and not even file a Waiver of Rights with the Supreme Court? One can
surmise two logical possible explanations for Mr. Obama's strategy: (1) Mr.
Obama is putting all his chips on the hopes that 4 justices will view Mr.
Berg's petition as laughable and deny his Petition for the Writ and (2) Refer