As soon as I hear something on today’s scheduled conference at the United States Supreme Court for Berg v. Obama, I’ll post it in this space. Of course, word of the court’s determination as to Philip Berg’s petition for writ of certiorari may very well not come until Monday.
Regardless, check back here from time to time for news. As soon as I know something, you’ll know something.
Until we know anything further–that is, until any result is reflected on the docket or by any of the contacts that I trust–please think twice about subscribing to blanket assertions with regard to the disposition of this matter. Of course, the odds against the Supreme Court granting the petition for certiorari in this case, or in any case for that matter, are longer than long so the unsubstantiated rumors of either denial or acceptance should be treated as just that — rumors founded in safe guesses.
Furthermore, with regard to the rumors swirling around as to a unanimous denial, please remember that generally it’s only in the rare case of a dissent as to the Court’s decision on a petition for certiorari that the actual voting result will be released.
I spoke with Philip Berg a few minutes ago. He said that he was realistic but hopeful, that he had a feeling that the Court would take the case “because, perhaps, they’re seeing just how much it matters to the American people.”
Berg also referred to the current controversy surrounding Illinois Gov. Rod Blagojevich’s appointment of Roland Burris to Barack Obama’s vacant seat in the U.S. Senate as a timely bonus, mentioning that it was nice to hear Sen. Harry Reid and others earlier this week talk about how the Senate retains the right to ascertain the qualifications of Burris.
“All this talk about the Constitution and qualifications to serve can only help,” Berg said, “though in the end it will come down to the Constitution itself. I’m hoping that the Justices will see that upholding the Constitution may not always be easy, but outweighs any outside considerations when it comes to the welfare of the United States of America.”
Berg v. Obama is not among today’s list of orders, though nothing new has appeared on the docket. Make of that what you will.