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Election Law @ Moritz

Election Law @ Moritz


Litigation

Berg v. Obama

Case Information

Date Filed: August 21, 2008
State: Pennsylvania
Issue: Candidate Eligibility
Courts that Heard this Case: U.S. District Cour for the Eastern District of Pennsylvania (Case 2:08-cv-04083)

Issue:

Whether Senator Barrack Obama is a U.S. citizen and eligible to hold the office of President of the United States.  Plaintiff is alleging that Senator Obama is falsely claiming to be a natural born citizen. 

Status:

Complaint and Motion for Temporary Restraining Order (TRO) filed on 8/21/08.  Motion for TRO was denied by the Court on 8/22/08. 

District Court Documents

Related Links

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

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