The U.S. Supreme Court is being asked to help the nation avoid a constitutional crisis by halting Tuesday's election until Democratic presidential nominee Barack Obama documents his eligibility to run for the top office in the nation.

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.

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."