Archive for July 5th, 2010

Judges Impeach Themselves

©2010 drkate

America in Distress

In a not unexpected decision, the Third Circuit Court of Appeals affirmed the lower court’s ruling in Kerchner v Obama et al, denying the appeal and refusing to consider the facts of the case, based on Article III standing and the political question. The case will now go to the Supreme Court.

What was unexpected was the charge against Attorney Apuzzo that this was a ‘frivolous appeal’ (but not tfrivolous facts). But in that charge, the Judges reveal their (willful) inability to read the case and understand it, and thus impeach themselves as competent arbitrators of the law.  To wit:

…the Court found that “Appellants had ample notice that this appeal had no merit. They should have been aware that we rejected almost identical claims in Berg, as have courts in other jurisdictions.”

No, the claims were not ‘almost identical’, they were not even similar at all, as explained here, here, and here.  Moreover, the timing of the filing of the  Kerchner v. Obama case enabled the proper presentation of the facts before the Court, whereas all the other cases were not yet ripe for consideration.

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