Democratic attorney Philip Berg had filed a lawsuit alleging Obama is ineligible to be president because of possible birth in Kenya, but as WND reported, a federal judge dismissed the complaint claiming Berg lacks standing to bring the action.

The 34-page memorandum that accompanied the court order from Judge R. Barclay Surrick concluded ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.

Instead, Surrick said Congress could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.

“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”

Berg has maintained that uncertainty about how the U.S. does enforce the requirements of presidency may result in a constitutional crisis should an ineligible candidate win the office.

In a statement today, Berg said he is applying to Justice David Souter for an “Immediate Injunction to Stay the Presidential Election of November 4, 2008.”

“I am hopeful that the U.S. Supreme Court will grant the injunction pending a review of this case to avoid a constitutional crisis by insisting that Obama produce certified documentation that he is or is not a “natural born” citizen and if he cannot produce documentation that Obama be removed from the ballot for president,” Berg said.

“We must legally prevent Obama, the unqualified candidate, from taking the office of the presidency of the United States,” Berg said.

The issue of Obama’s eligibility first got traction among Internet bloggers and later was heightened when several campaigns were launched to determine whether a “certificate of live birth” posted on the Internet by the Obama campaign was valid.

The issue gained more attention when Berg told radio talk show icon Michael Savage he had an admission from Obama’s grandmather that she was at his birth – in Kenya.

“This is a question of who has standing to stand up for our Constitution,” Berg told Jeff Schreiber of America’s Right blog. “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States – the most powerful man in the entire world – is eligible to be in that office in the first place, then who does?”

As WND reported, Berg filed suit in U.S. District Court in August, alleging Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States. Berg demanded that Obama provide documentation to the court to verify that the candidate was born in Hawaii, as Obama contends, and not in Kenya, as Berg believes.