KERCHNER V. OBAMA CLEARS LEGAL HURDLE
by Sharon Rondeau
(Feb. 23, 2010) — In an order dated February 22, 2010, the Hon. Judge Michael A. Chagares has granted the motion from Mario Apuzzo, Esq. to file an over-length appellant brief, thereby moving the case forward.
The limit normally allowed in such filings is 14,000 words, but Apuzzo’s contains 20, 477 words. According to Apuzzo’s statement on his website, the additional length was necessary due to “the extraordinary nature and complexity of the question of whether putative President Barack Obama is an Article II ‘natural born Citizen’ and therefore eligible to be President.”
Judge Chagares, a Bush appointee who began his commission in 2006 after Michael Chertoff vacated the seat, had previously worked as an assistant U.S. attorney and in private practice. He was the dissenting voice on the Third Circuit’s three-judge panel which ruled on whether or not schools can discipline students for internet postings and communications involving school personnel which occur outside of school. In his opinion, Chagares wrote, “”Neither the Supreme Court nor this Court has ever allowed schools to punish students for off-campus speech that is not school sponsored and that caused no substantial disruption at school.”
The Post & Email covered the ramifications of this case extensively here.