Vermont Supreme Court decision in Paige natural born citizen lawsuit, June 16, 2017, H. Brooke Paige v. State of Vermont Secretary of State James Condos Ted Cruz Marco Rubio, 3-2 decision

Vermont Supreme Court decision in Paige natural born citizen lawsuit, June 16, 2017, H. Brooke Paige v. State of Vermont Secretary of State James Condos Ted Cruz Marco Rubio, 3-2 decision

“If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.”
“The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.”
“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”…Thomas Paine

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND


From  H. Brooke Paige.

“A quick read finds that the court chose not to reach the merits and
rendered a split (3-2) decision on the issue of mootness. While not
stated, it appears that they did not find that plaintiff/appellant lacked
standing or that the court lacked jurisdiction.  The court erred in
assigning blame for procedural delays entirely on plaintiff as I did not
make requests for elongation of time in filing while the defendants did so
on five occasions.

Robinson, with Eaton concurring, took exception with the court’s failure
to find that case presented a permissible exception to mootness.”

From the decision:

“¶ 12. As to the second prong, appellant recognizes the change in the facts, acknowledging in his brief that “[w]e are beyond the primary election in Vermont.” In response, he re-directs his argument away from the fall 2016 election and toward future elections. First, he maintains that
addressing the issue of whether Senators Cruz and Rubio are constitutionally qualified to appear on future ballots not only would redress his injuries but also would be practical for the public as a whole:
The Court can give plaintiff a remedy which will redress his injuries,
that remedy being a declaration that Cruz and Rubio are not Article
II natural born citizens and that the Vermont Secretary of State is
not to place their names on the primary or general election ballot in
future presidential elections. . . . At this stage, it will not cause the
State of Vermont any inconvenience or extra expense for it to follow
a judgment of this Court as to whether the names of Cruz or Rubio
should be allowed to be printed on future election ballots.
Addressing the issue at this early stage will avoid any confusion or
interference with the rights of Vermont voters to cast their ballots
during future elections. (Emphasis added)
And later appellant directly argues that the issue is bound to come up again:
The issue of what is a natural born citizen and the state’s role in
answering that question as it applies to placing candidates for
president on the state election ballots remains even though the
election is over . . . this issue just keeps coming up but is never
resolved for one reason or another. (Emphasis added)
¶ 13. Without assessing the first prong of the test for cases that are capable of repetition but evading review, we determine that appellant is unable to satisfy the second prong—he is unable to show that there is a reasonable expectation that he “will be subjected to the same action again.”
Id. ¶ 6. Appellant’s argument here boils down to mere speculation: “Cruz and Rubio will probably be running for President again in 2020.” While it is true that the Senators may run for president during the next election, appellant must show that it is more than just “theoretically possible” that the situation he currently objects to will repeat itself; rather, he must show a “demonstrated probability” that he will become embroiled again in this same situation. In re Green Mountain
Power Corp., 148 Vt. 333, 335, 532 A.2d 582, 584 (1987). But appellant offers nothing to support his speculation—no legal filings by either Senator and no statements by either Senator to the effect that they will run for president in the future.
¶ 14. A decision by this Court regarding the meaning of the phrase “natural born
Citizen”—and, ultimately, whether the Senators may run for president in Vermont—cannot be based on mere speculation. Appellant’s case is similar to those in which we have found that the capable-of-repetition-but-evading-review exception does not apply. See In re P.S., 167 Vt. at 68,
702 A.2d at 101 (holding that appeal of revocation of nonhospitalization order of mental patient who had later been released under separate order did not meet mootness exception because court’s findings regarding first order were specific to month in which they were made and any future revocations would “be based on new fact patterns”); Dor ia, 156 Vt. at 119-20, 589 A.2d at 319
(finding that mootness exception did not apply in case in which defeated gubernatorial candidate objected to poll conducted by university professor, because candidate did not “show any reasonable expectation that he will be subjected to the same type of political poll” in future elections); see also State v. Gundlah, 160 Vt. 193, 196, 624 A.2d 368, 370 (1993) (holding that no
mootness exception applied in journalist’s appeal of contempt-of-court conviction for refusing to testify at prosecution of prison escapee who subsequently pleaded no contest, because “[a] repetition of the fact pattern presented seems highly unlikely and certainly does not rise to a
reasonable expectation.”). ”

“¶ 17. Appellant’s case is moot because it no longer involves an actual controversy, appellant no longer has a legally cognizable interest in its outcome, and it does not meet either exception to the mootness doctrine argued by appellant. At this time, any opinion issued by this Court on the issues raised by appellant would merely be advisory, and would not be within our
constitutional authority to render. See Doria, 156 Vt. at 117, 589 A.2d at 318. We therefore affirm its dismissal by the trial court.”

Click to access op16-202.pdf

Thank you Mr. Paige for your efforts.


More here:


24 responses to “Vermont Supreme Court decision in Paige natural born citizen lawsuit, June 16, 2017, H. Brooke Paige v. State of Vermont Secretary of State James Condos Ted Cruz Marco Rubio, 3-2 decision

  1. citizenwells

    Cdr. Charles Kerchner:

    “I took an oath to the Constitution of this country. We’re a nation of immigrants, and believe me, Obama’s father wasn’t one. But we’re a nation of immigrants, and the glue and sinew that holds this country together is that Constitution. Without it, we never would have made it this far, and we won’t make it much further if it falls apart. That’s the natural and universal law that unites us all. Our inalienable rights granted by God, nature’s law created by God – that’s what holds us together, and if we lose it, the country is doomed.

    I had a lot of anxiety before I filed the case, but as soon as I filed it, a certain peace came to me, and I haven’t lost a moment’s sleep since then. It’s as if I answered the call and now I’m being protected. I will continue to fight this battle until the truth and Constitution are upheld and the usurper in the Oval Office is removed, so help me God.”

  2. oldsailor85
    (Off topic)
    Have some fun…
    Here something you can do for President Trump…….
    When I go into a store, gas station, restaurant etc.
    and when paying my bill, I’ll ask the clerk this question …..(jokingly)..

    “Do you offer a discount for senior citizens?”

    Usual response “NO”

    then I ask…

    “Do you offer a discount, if I voted for Trump?”


    Watch the expression on their faces.

    Some will laugh, some frown, other stare or have a blank look.

    Most are speechless.

    One clerk fired back “NO I RAISE MY PRICES”

    Try this and have some fun 🙂

  3. oldsailor85

    ………….I think that I would bone up on my boxing skills before I would venture to have some fun with a gas station clerk. Around these parts I have seen fights start just because somebody said HI. We have a real pack of LOONEY TOONS in our little BURG. with equally looney liberal city leaders. Female clerks would probably call the police, and try to make them believe you had tried to attack them, or called them names. This is a favorite raft of crap around here.

  4. oldsailor85

    ………another California Congressman has gone off the deep end. He says that he will impeach President Trump if the POTUS fires Mueller. I INVITE Mr. Lieu to IMPEACH the POTUS. When he tries to do his insane act he will discover the pain of THE RULE OF LAW. He has no authority whatsoever to convene any form of IMPEACHMENT of the POTUS. That is a function of Congress as a WHOLE……not Mr. Lieu by himself. It is probably time for him to join Maxine Waters at the local FUNNY FARM, they can sit in their jeri chairs side by side , wring their hands, rock, and rave. They will be able to keep each other company.

  5. Ted Lieu another CA nut job from 33rd District (Western LA) next to Maxine’s
    District. Can’t help these sick people.

    In 2014, Ted W. Lieu was elected to represent California’s 33rd Congressional District in the United States House of Representatives, succeeding retiring 40-year incumbent Henry Waxman. In his first term, Ted was elected president of the Democratic Freshman class by his colleagues.

    In 2016, Congressman Lieu was reelected and currently serves on the House Judiciary Committee and the House Foreign Affairs Committee. He was also appointed as an Assistant Whip for the Democratic Caucus.

    Ted is a former active duty officer in the U.S. Air Force and currently serves as a Colonel in the Reserves, stationed at Los Angeles Air Force Base.

    In Congress, Ted has established himself as a leader on the environment; cybersecurity; civil liberties; and veterans.

    He has been an outspoken proponent for tackling climate change. The first bill Ted introduced after coming to Congress was the Climate Solutions Act, which aims to make California’s ground-breaking renewable energy goals and climate emissions reduction targets a national model.

  6. oldsailor85
    So far haven’t met any LOONY TUNES who want to fight. Went to the bank today and asked for my Trump discount (teller cracked up laughing). I then asked “perhaps the bank could set up a fund to BUILD THE WALL. or SELL BRICKS.” (I live in an area that has a 70% Hispanic population and has lots of strawberry’s).
    No punches are needed for those phone telemarketers. I get calls all the time
    trying to sell me something. I ask “DO YOU GIVE A TRUMP DISCOUNT?”
    That usually shuts them up ! HAR, HAR

  7. citizenwells

    Happy Fathers Day.

  8. bob strauss

  9. Has any one heard this? For a long time it has been said that Marty Nesbitt and Anita Blanchard are the real parents of Barry and Michael Soetoro aka Barack Hussian and Michael Obama. Now I am reading that Barry and Michael ADOPTED the girls from an orphanage in Addis Ababa Ethiopia!!! Has any one here heard this? Barry showed a picture of him the girls when they were very young it was weird that he is celebrating fathers day by himself. I do wish he would be shoved in a rocket and sent straight to mars or hell along with all his co-conspirators.

  10. Mr. Wells… I am planning on changing my e-mail. I no longer respect Reagan any more. I pay $40.00 a year for protected email service only to find out he has hired (Fortify Technologies LLC) and getting help from them with my service with Reagan has been a nightmare of strange things happening. So… do I just type in my new e-mail first when I get it or do I delete the one I have now first? I hope I make since! 🙂

  11. oldsailor85

    ……as you might know I change the numeric portion of CW handle every year. All you need to do is forward the new email to CW either by email or type in an instruction when you are ready to enter a new email. Pretty easy!

  12. oldsailor85

    once CW has the new email all you need to do is type the new email in the top box where it says fill in your details. Otherwise your post will have a header which states “your post is awaiting moderation.”

  13. oldsailor85

    you delete the old email first then type in the new email in the same spot. …………but let CW know that you are ready.

  14. Has anyone seen the recent pic that was put out by Trump of him and his wife in the oval office with the teacher of the year.

    It’s like a propaganda pic for homosexuals.

    I have to admit. This just about does it.

    Trump threatened to primary the freedom caucus, which were the only people in wash dc that supported him in the election. He threw them overboard to be friends with paul ryan, who probably didn’t even vote for him and is standing around doing nothing while the dems push the russia narrative.

    Then trumps doj said it is going to try and prosecute assange, who has more truth and integrity in his little finger than all of wash dc does.

    And now this pic glorifying the sin of homosexuality.

    I’ll continue fighting against the left, but i admit, i don’t care at all what happens to trump. If he winds up in prison, tough.

  15. oldsailor85

    ……..I too was disgusted in seeing the picture. Homosexuality is what it is. For those who practice it they are the only ones who will writhe in agony as they lay upon the their stinking deathbeds as a result of their filthy diseases. For those who think that their lifestyle is COOL it is probably time for them to take a look at the lives of LIBERACE, ROCK HUDSON, and many others. But they DON’T NEED TO BLAME SOCIETY FOR THEIR OWN MENTAL ILLNESS. Nor should they or anyone be flaunting their twisted behavior in other peoples faces. God will prevail in the end. Nobody escapes his her judgement day. I sympathise with your feelings. I have a feeling that this is just one aspect of what is really happening to our culture. Further I have a feeling that one day we could wake up ,look out our window to see the sunrise, but instead see a mass of humanity lying on the ground as far as the eye can see and entire mass of humanity engaged in some form of deviant acts…………at which point you will be looking at the final acts of humanity before they all become severly diseased and begin to die off EN MASSE. While I probably will no longer be on earth the thought of God dealing the final blow to these people provides me with a reinforced faith in the CREATOR……..SODOM AND GOMORRAH BEING EXAMPLES OF HIS POWERS. HUMANITY HOLDS IT’S DESTINY IN IT’S HANDS. HUMANITY IS REALLY JUST A VIRUS WHEN YOU CONSIDER THE UNIVERSE AS A WHOLE. HUMANITY COULD CEASE TO EXIST ONE DAY BECAUSE IT COULD EASILY WIPE ITSELF FROM THE FACE OF THE EARTH. FROM THE FACE OF THE EARTH POLITICAL CORRECTNESS IS A MENTAL ILLNESS AS WELL. HOMOSEXUALITY,AND PC ARE A HAND AND GLOVE RELATIONSHIP. THAT IS OF COURSE MY OWN BELIEF

  16. oldsailor85

    AND TODAY……..

  17. Thank You … oldsailor85

  18. A Crazy Old Coot

    I hate to complain, but with my bad eyes, I cannot read a lot of material. So, could someone in a few sentences tell me what all that means??

  19. citizenwells

    “Hillary Clinton Told FBI’s Mueller To Deliver Uranium To Russians In 2009 “Secret Plane-Side Tarmac Meeting””

  20. A Crazy Old Coot

    I thought it was about a VT Supreme Court decision. I’m confused.

  21. citizenwells

    Yes & the constitution and judges…etc

  22. The reason they moved on to a special prosecutor (mueller) to investigate was not because there were connections to Russia. They moved on specifically because they investigated for a year and there were no connections to Russia. The only way they could keep the charade going was to appoint the special prosecutor to look for obstruction. Process crimes.

    Hillary and the deep state go scott free after committing crimes. Hillary’s investigation was a sham and there has been no investigation into the deep state’s crimes.
    But they are in all out investigation mode to try to find a crime in trump’s campaign.

    Completely corrupt.

  23. citizenwells


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