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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

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

Daniel P. Tokaji

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...