VT – Paige v Obama – Dismissed
Another one bites the dust… And the fact that Paige proposed much of the Apuzzo failed arguments is particularly sweet.
A Vermont judge has thrown out a lawsuit brought by a former Republican U.S. Senate hopeful who claimed President Barack Obama was improperly elected in 2008 because he is not a “natural born citizen.”
Judge Robert Bent, in a seven-page decision filed Wednesday at Vermont Superior Court in Montpelier, ruled that the case brought by H. Brooke Paige of the town of Washington was improperly filed in state court instead of federal court, but lacked merit anyway.
“Mr. Paige’s lawsuit, interesting as it is for its extensive historical analysis, has no viability because he has no standing and the court has no jurisdiction,” Bent wrote. “It is dismissed in its entirety.”
Source: Burlington Free Press
And Ankeny keeps on giving…
Bent cited a 2009 decision by an Indiana court that addressed a similar claim and concluded the natural-born-citizen challenge to Obama’s claim on the presidency lacked merit.
“The expression ‘natural born citizen’ is not dependent on the nationality of the parents but reflects the status of a person born into citizenship instead of having citizenship subsequently bestowed,” Bent wrote.
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Ankeny vs. Daniels, the Vattelist’s nightmare, strikes again.
The gift that keeps on giving. One solid ruling and now all fold
and it must be pointed out that “daniels” was the republican governor of indiana who submitted his own memo – the defendant wasn’t some left wing, liberal, socialist – daniels was considered as a republican candidate for president
Yeah… good reminder. Ankeny has become a thorn in the eye and side of Mr Apuzzo… Poor Judge probably had to wade through hundreds of pages of ‘arguments’…
the other night, i had a “conversation” with ole mario on doc’s site and asked him:
what is you opinion of marco rubio?
according to kerchner, marco was born BEFORE his parents were naturalized
and when i was not satisfied with his reply:
so what would be the birther reaction to a rubio vp/pres candidate?
in your opinion, would there be ballot challenges and lawsuits?
he replied:
Marco Rubio was born in Florida to two non-U.S. citizen parents who were domiciled and residents of Florida. He is therefore pursuant to U.S. v. Wong Kim Ark (1898) a “citizen of the United States” from the moment of birth under the Fourteenth Amendment, but he is not pursuant to Minor v. Happersett (1875) a “natural born Citizen” under Article II.
AND
I believe that there would be law suits against Rubio. There are some individuals who are not happy with the Republicans for their playing dumb and not standing up to defend the Constitution in the Obama eligibility question.
Donna – of course there would be lawsuits – Senator McCain was sued (March 6th, 2008) even before President Obama, just not as many.
http://www.volokh.com/files/aames.pdf
Of course, people know my position on foreign birth and our Constitution. So I find the question of NBC status of those born outside our nation and/or who retroactively became citizens by statute, quite an interesting one. Too bad it was never fully pursued
NBC: Too bad it was never fully pursued
have no fear – the new republican darling, ted cruz, was born in canada and he sees no reason why he can’t be president
Ted Cruz says Texas could be a blue state by the time he runs for president. Yes, president!
Cruz, who is darling of the tea party, was not actually born in the U.S. However, he does not foresee that to be a problem. “The Constitution requires that one be a natural-born citizen, and my mother was a U.S. citizen when I was born,”
http://www.newyorker.com/reporting/2012/11/19/121119fa_fact_lizza#ixzz2C70bMe57
“He almost certainly was a citizen at birth. I think that he would be eligible for the presidency,” said Peter Spiro, a professor of constitutional law at Temple University.
http://www.texastribune.org/texas-local-news/texplainer/texplainer-could-canadian-born-ted-cruz-be-preside/
With the Republican push for more minority votes, especially hispanic, maybe Senator Cruz from Texas will one day be the one who gets a case to the SCOTUS. Of course, he is a special case – foreign born with only a citizen mother. Who knows, maybe he would be the impetus to get the GOP to put forth a constitutional amendment to define NBC.
“maybe he would be the impetus to get the GOP to put forth a constitutional amendment to define NBC”
lol with the time is takes for a constitutional amendment to be ratified, cruz might be too old or dead
The author of the Burlington Free Press article (Sam Hemingway) has a twitter account.
https://twitter.com/SamuelHemingway
On Nov. 15th, he posted, “Vt. judge tosses “natural born citizen” birther case against Obama; says court lacks jurisdiction and case lacked merit.”
And one of his reponses was – “natural born citizen “true to the spirit of their race” A.S. natural cynn – a tribe. Kind originally meant Natural”
Now where have we heard that before?
e.vattel… His true identity reveals him to be exactly as I had imagined. Poor soul
Brook Paige has a comment in Burlington Free Press,
“JUDGE PROVIDES PATHWAY FOR EXPEDITED RESOLUTION OF PRESIDENTIAL QUALIFICATION ISSUE!
Judge Bent has provided the Plaintiff with the ideal pathway to an immediate ruling not only on the reversal of the Motion to Dismiss, but as to the underlying issues as well. By stating that he does not believe that he has the right to rule on the issue at hand -regardless of the Plaintiff’s standing, he relinquishes his authority, transferring the question to the Supreme Court, presumably a three Justice panel. This panel can hear and decide the merits before the critical December 7th meeting of the Vermont Electors at the State House. Thanks to Judge Bent for providing an avenue to a decision on the merits that Attorney General Sorrell and his young assistant, Mr. Daloz worked actively to postpone and delay! Plaintiff will file his appeal with the Supreme Court next Tuesday requesting an expedited hearing before a three Justice Panel. Please take the time to read Judge Bent’s Decision which can be downloaded at the link provided by the Free Press. H. Brooke Paige, Plaintiff, pro se”
http://www.burlingtonfreepress.com/comments/article/20121115/NEWS03/311150036/Vermont-judge-tosses-natural-born-citizen-anti-Obama-lawsuit
Oh boy… Everything is a win… Even the devastating loss.
He is receiving encouragement from Mario.
http://puzo1.blogspot.com/2012/11/the-vermont-court-errs-in-dismissing.html
Well, the kiss of death
As expected Mario argues against precedent on standing. Good luck with that… It’s over Mario. You have made you case and the courts have rejected it more than once.