Professional Documents
Culture Documents
Swensson V Obama, Emergency Motion For Injunction Pending Appeal, Georgia Supreme Court, 3-13-2012
Swensson V Obama, Emergency Motion For Injunction Pending Appeal, Georgia Supreme Court, 3-13-2012
* * *
CASE NO.
v.
BARACK OBAMA,
Respondent
EMERGENCY
MOTION
FOR INJUNCTION
PENDING APPEAL
J. MARK HATFIELD HATFIELD & HATFIELD, P.C. Attorney for Applicant 201 Albany Avenue P.O. Box 1361 Waycross, Georgia 31502 (912) 283-3820 Georgia Bar No. 337509 mhatfield@wayxcable.com
* * * * *
:I~OTION FOR INJUNCTION
v.
BARACK OBAMA, Respondent EMERGENCY
CASE NO.
Carl Swensson,
pEnding
Application
herein,
and In
of this Motion,
following:
1.
The above-captioned Appeal from the Superior case is an Application For Discretionary "Order Granting Court of Fulton County's to Dismiss"
Respondent
in Applicant's of
a Final Decision
Secretary
of State Brian P. Kemp denying Applicant's of Respondent Barack Obama, of the Obama a
challenge
election.
Page -1-
2.
Denlocratic Presidential
Preference
Primary the of
certification State.
of thE! results
Secretary
3.
O.C.G.A. appellate
21-~-5(e)
Appeal
involves,
among
issue of constitutional
law, i.e.
or not Respcndent,
whose father was a foreign national meets the "natural born I, Clause
eligibility
of Article
II, Section
5 of the United
States Constitution.
5.
Unless the Supreme pending Court grants a preliminary injunction
appeal with regard to the Secretary certification Presidential of the results Preference
of State's
anticipated Democratic
Primary Election,
Page -2-
nevertheless
Applic~Lnt anticipates
that Respondent
6.
Applicant show~; that pursuant to O.C.G.A.
21-2-5(e),
while
shall not itself stay the decision ...the reviewing court may order a Further, court,
5-3-28(b),
to superior
writs as may be necE!ssary in aid of its jurisdiction Applicant authority O.C.G.A. submits
ttat the Supreme Court would have no less court to grant such relief. See
than a superior
5-6-46(e)
shall deprive
the superior
courts of their separate power to grant the appellate courts of the power to to meet
ir such manner
the ends of justice~) . 7. Applicant submits that, in order that Applicant Court's decision may seek to
by the Supreme
issue of constitutional
interpretation decisively
adjudicated,
Page -3-
preliminary Secretary
injunction
pending
appeal with regard to the certification Preference requests herein. of the results of
of State'E: anticipated
the Georgia
Democrat:ic Presidential
& HATFIELD,
P.C.
201 Albany Avenue P.O. Box 1361 Waycross, Georgia (912) 283-3820
3]502
Page -4-
CERTIFICATE
I,
certify Motion
Michael K. Jablonski Attorney at Law 2221-D Peachtree Road NE Atlanta, Georgia 30309
Mr.
Honorable Brian P. Kemp Secretary of State State of Georgia 214 State Capitol Atlanta, Georgia 30334 by placing addressed a copy of- same in the United envelope ~rith sufficient States Mail in a properly affixed thereto in
postage
and by emailing
and by emailing
to Secretary
& HATFIELD,
P.C.
201 Albany Avenue P.O. Box 1361 Waycross, Georgia (912) 283-3820
3]502