if the court had not yet ruled on that motion by the deadline for filing the brief (2/19).

Good, bad or doesn't mean anything

My personal "hope" is that they don't issue a summary affirmance. I'm hoping for a clearly-written appellate court opinion on the issue(s)!

This appeal is yet another in a long line of frivolous and vexatious filings by Appellant Philip Berg. His allegations regarding President Barack Obama are patently false, but, as the district court properly concluded, even taking them as true for purposes of this motion, his suit must be dismissed: Berg lacks standing and his complaint fails to state a claim upon which relief can be granted. This Court should affirm the judgment of the district court.

Philip J. Berg attempts through this case to present the claim that Barack Obama is ineligible to be President of the United States because he is not a “natural born” citizen as required by Article II, Section I of the Constitution (the “Natural Born Citizen Clause”). In the district court, Berg sought a declaration that Obama could not become President, as well as permanent injunctions barring him from running for the office, and barring the Democratic National Committee (“DNC”) from selecting him as the party’s nominee. On October 24, 2008, the district court granted the defendants’ motions to dismiss for lack of subject matter jurisdiction and for failure to state a claim. The district court correctly held that Berg had not established injury-in-fact, and therefore standing, to bring a challenge under the Natural Born Citizen Clause because the alleged injuries were widely-shared and undifferentiated. The district court also correctly held that Berg had otherwise failed to bring a claim for which relief could be granted under various federal statutes, including 42 U.S.C. §§ 1983, 1985 and 1986; the Freedom of Information Act; and the Federal Election Campaign Act, the statute the appellee Federal Election Commission is empowered to administer and enforce. Berg now appeals the district court’s ruling.

For the first time on appeal, Berg attempts to raise new alleged facts, legal arguments, and causes of action concerning events that took place after the district court reached its decision. In particular, Berg raises (Br. 18-19) new arguments about the counting of the electoral votes on January 8, 2009, and 3 U.S.C. § 15. See, e.g., Berg’s Statement of Issues Presented, Nos. 2, 4-7.

OK, I'm lost here. What are these appellate filings in response to?

OK, I'm lost here. What are these appellate filings in response to?

Finally, Berg's new argument -- that the district court violated his due process rights by dismissing the action -- is wholly without merit. There is simply no due process right to proceed with frivolous litigation.

This case raises important, recurring questions relating to the presumptive scope of the United States Constitution, Article III, Section 2 Standing issues which pertain to questioning the qualifications and eligibility of a Presidential Candidate, pursuant to Article II, Section I, Clause 5 of the United States
Constitution, to serve as President of the United States.

Berg made the preposterous and entirely baseless allegation that President -- then Senator -- Obama was not eligible to serve as President under Article II, Section 1, Clause 4 of the U.S. Constitution, because he was not a "natural born citizen".

"This appeal is yet another in a long line of frivolous and vexatious filings by Appellant Philip Berg."

The only sentence I have a problem with is this one:
(emphasis mine)
I mean, that's true, but I would have said, "This appeal is the FIRST in a long line ..."

So, let me see if I understand this correctly. This was Berg's case that originated in PA State level that was dismissed.(standing) YES Filed at Third Circuit court but also with SCOTUS claiming Rule 11. YES SCOTUS denies because of pending at Third Circuit court ???

so goes back to Third Circuit Court YES where Berg files his appeal brief YES and is referred to Merits panel which consists of 3 JudgesNO .

Now, FEC/Obama have filed their briefs in Support of Judge Surrick's decision. YES Berg will get to file reply brief. Correct? YES- within 14 days What happens after this? (Dismissed )
And what is the function of the Merits Panel?

Seriously, what would happen after Berg files his response if Berg's case had standing/merit?

And, if Berg's case is dismissed he then can appeal to SCOTUS again?

Links to the FEC and Obama/DNC filings are now available at The Docket Project

Thanks. What would delay the summary affirmance? This is like a summary judgement but is called a summary affirmance because it is affirming the lower courts ruling?