Case: 09-4209 Document: 003110067512 Page: 1 Date Filed: 03/21/2010

IN THE UNITED STATES CIRCUIT COURT OF APPEAL

FOR THE THIRD CIRCUIT

____________________________________
Charles F. Kerchner, Jr, : Document Electronically Filed
Lowell T. Patterson, :
Darrell James LeNormand, and :
Donald H. Nelsen, Jr., :
:
Plaintiffs-Appellants, :
:
v. :
:
Barack Hussein Obama II, President Elect :
of the United States of America, President : Case No. 09-4209
of the United States of America, :
and Individually, a/k/a Barry Soetoro; :
United States of America; :
United States Congress; :
United States Senate; :
United States House of Representatives; :
Richard B. Cheney, President of :
the Senate, Presiding Officer of Joint : AMENDED
Session of Congress, Vice President of the : STATEMENT OF REASONS
United States and Individually; and : WHY ORAL ARGUMENT
Nancy Pelosi, Speaker of the House and : SHOULD BE HEARD
Individually, :
:
Defendants-Appellees. :
____________________________________:

TO: Clerk of the Court

Eric Fleisig-Greene, Esq.

U.S. Department of Justice
Civil Division, Appellate Staff
950 Pennsylvania Avenue, N.W.
Room 7214
Washington, DC 20530-0001
Case: 09-4209 Document: 003110067512 Page: 2 Date Filed: 03/21/2010

Pursuant to Federal Rule of Appellate Procedure 34(a) and Local

Appellate Rules 34.1, Plaintiffs-Appellants respectfully request oral

argument. Plaintiffs-Appellants believe that oral argument will assist the

Court decide this appeal which involves issues of standing and the political

question doctrine. The underlying issues are not only complex but also ones

of first impression and national importance. They involve whether plaintiffs

have a right to challenge putative President, Barack Hussein Obama II, who

they contend never conclusively proved that he is a “citizen of the United

States” under the Fourteenth Amendment or any other law and is not a

“natural born Citizen” under Article II, Section 1, Clause 5 in any event.

The case also involves the issue of whether Congress under the Twentieth

Amendment had a constitutional duty to plaintiffs to investigate Obama’s

citizenship before confirming him as President and whether they breached

that duty. Plaintiffs action also includes a claim against current House

Speaker, Nancy Pelosi, regarding her role in confirming Obama as eligible

to be President during the 2008 presidential campaign and 2009 Joint

Session of Congress, and former Vice President, Dick Cheney, concerning

how he conducted the vote counting and presidential confirmation procedure

in the Joint Session of Congress. Oral argument will enable the parties to

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Case: 09-4209 Document: 003110067512 Page: 3 Date Filed: 03/21/2010

adequately address these issues and to respond to the Court’s questions and

concerns.

Plaintiffs-Appellants request that they be allowed 25 minutes to

present their oral argument.

Dated: March 21, 2010 s/ Mario Apuzzo

_________________
Mario Apuzzo, Esq.
Attorney for Plaintiffs-
Appellants

CERTIFICATE OF SERVICE

I, Mario Apuzzo, Esq., attorney representing plaintiffs-appellants in

this matter, certify that on March 21, 2010, I filed the attached Amended

Statement of Reasons Why Oral Argument Should Be Heard electronically

with the Clerk of the United States Third Circuit Court of Appeals and that I

served a copy of the same document upon all other parties to this matter, by

forwarding same to their respective attorney’s e-mail by electronically filing

the documents through the Court’s CM/ECF. The attorneys to which I

forwarded these materials are set forth below.

Date: March 21, 2010 s/Mario Apuzzo

____________________
Mario Apuzzo, Esq
Attorney for Plaintiffs-
Appellants

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Case: 09-4209 Document: 003110067512 Page: 4 Date Filed: 03/21/2010

ATTORNEYS SERVED

Eric Fleisig-Greene, Esq.

U.S. Department of Justice
Civil Division, Appellate Staff
950 Pennsylvania Avenue, N.W.
Room 7214
Washington, DC 20530-0001