Kerchner v Obama and Congress, Update, April 8, 2010
From Attorney Mario Apuzzo’s blog.
“There has been activity in the Kerchner et al vs. Obama & Congress et al Appeal before the U.S. 3rd Circuit Court of Appeals in Philadelphia Pa.
1st: Atty Apuzzo sent a letter on 2 Apr 2010 to the Court of Appeals requesting addition to the record the dissertation on natural born Citizenship written by David Ramsay and published in 1789, one of the founders of our nation.
2nd: A letter dated 6 April 2010 was received today from the Court of Appeals scheduling a hearing date for the case on Tuesday, June 29, 2010 in Newark NJ. The court indicated in the letter that it has not yet decided whether it will permit Oral Arguments and that the parties to the case will be notified on that decision at a later time. If Oral Arguments are not permitted the case will be decided on the written Briefs and documents before the court. The appeal will be heard by a panel of three Federal 3rd Circuit Judges the names of whom have not been provided at this time.
Atty Mario Apuzzo, time permitting given his active legal practice, will provide a fuller explanation about the filing he made and letter received today from the court later this evening or tomorrow.
Commander USNR (Retired)
Kerchner v Obama & Congress
OFFICE OF THE CLERK
MARCIA M. WALDRON
UNITED STATES COURT OF APPEALS TELEPHONE
FOR THE THIRD CIRCUIT 215-597-2995
21400 UNITED STATES COURTHOUSE
601 MARKET STREET
PHILADELPHIA, PA 19106-1790
April 6, 2010
Mario Apuzzo Esq.
Eric Fleisig-Greene Esq.
RE: Charles Kerchner, Jr., et al v. Barack Obama, et al
Case Number: 09-4209
District Case Number: 1-09-cv-00253
The above-entitled case(s) has/have been tentatively listed on the merits on
The panel will determine whether there will be oral argument and if so, the amount of time
allocated for each side. (See Third Circuit Internal Operating Procedures, Chapter 2.1.) No later
than one (1) week prior to the disposition date you will be advised whether oral argument will be
required, the amount of time allocated by the panel, and the specific date on which argument will
Counsel shall file an acknowledgment form
and advise the name of the attorney who will present oral argument. In addition, please indicate
whether or not s/he is a member of the bar of this Court. Bar membership is not necessary if
counsel represents a U.S. government agency or officer thereof or if the party is appearing pro se.
If the attorney is not a member of the bar of this Court, an application for admission should be
completed, which should be returned to this office without delay.
The hyperlinks for access to the
Tuesday, June 29,in NEWARK, NJ. It may become necessary for the panel to move this case to another dayweek of June 28, 2010. Counsel will be notified if such a change occurs.within seven (7) days from the date of this letter,acknowledgment form, application for admission, andappearance form
are provided for your convenience, and are also available on the Third Circuit
Please file your completed acknowledgment form through CM/ECF.
Very truly yours,
Marcia M. Waldron, Clerk
Tiffany Washington, Calendar Clerk-267-299-4905
Case: 09-4209 Document: 003110090637 Page: 1 Date Filed: 04/06/2010
Link to letter: