Berg v. Obama, No. 08-4340

In one of the so-called "birther" suits challenging Barack Obama's eligibility to run for and serve as President of the United States based on claims that Obama was born in Kenya and therefore was not a natural born citizen of the United States, dismissal of the action is affirmed where plaintiff lacked standing to bring the suit because he suffered no injury particularized to him.    

Read Berg v. Obama, No. 08-4340

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania

(D.C. No. 2-08-cv-04083)  

District Judge: Honorable Barclay Surrick

Opinion Filed November 12, 2009

Judges

Before:   Sloviter, Fuentes, and Hardiman, Circuit Judges

Opinion by Sloviter, Circuit Judge 

Counsel

Counsel for Appellant:  Philip J. Berg

Counsel for Appellee:  Robert F. Bauer, Perkins Coie LLP; Joseph E. Sandler, Thomasenia P. Duncan, David Kolkler, Kevin Deeley, Steve N. Hajjar