Category Archives: Supreme Court

Amy Coney Barrett President Trump pick for SCOTUS, Judge U.S. Court of Appeals for the Seventh Circuit, Clerked for Justice Antonin Scalia

Amy Coney Barrett President Trump pick for SCOTUS, Judge U.S. Court of Appeals for the Seventh Circuit, Clerked for Justice Antonin Scalia

“I made it absolutely clear that I would go forward with a confirmation process as [Senate Judiciary] chairman, even a few months before a presidential election, if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution requires,” ..Joe Biden, Georgetown Law School 2016

“When there is a vacancy on the SCOTUS, the President is to nominate someone, the Senate is to consider that nomination … There’s no unwritten law that says that it can only be done on off-years. That’s not in the Constitution text.”...Barack Obama 2016

“Even if President Trump wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate,”...Joe Biden 2020 

 

The NY Times is calling it:

“President Trump has selected Judge Amy Coney Barrett, the favorite candidate of conservatives, to succeed Justice Ruth Bader Ginsburg and will try to force Senate confirmation before Election Day in a move that would significantly alter the ideological makeup of the Supreme Court for years.

Mr. Trump plans to announce on Saturday that she is his choice, according to six people close to the process who asked not to be identified disclosing the decision in advance. As they often do, aides cautioned that Mr. Trump sometimes upends his own plans.

But he is not known to have interviewed any other candidates and came away from two days of meetings with Judge Barrett this week impressed with a jurist he was told would be a female Antonin Scalia, referring to the justice she once clerked for. On Friday night, Judge Barrett was photographed getting out of her car outside her home in South Bend, Ind.

“I haven’t said it was her, but she is outstanding,” Mr. Trump told reporters who asked about Judge Barrett’s imminent nomination at Joint Base Andrews outside Washington after CNN and other news outlets reported on his choice.

https://www.nytimes.com/2020/09/25/us/politics/amy-coney-barrett-supreme-court.html

From The University of Notre Dame Law School.

“The Honorable Amy Coney Barrett was confirmed as a judge on the U.S. Court of Appeals for the Seventh Circuit in October 2017. She is a Notre Dame Law School alumna and has taught as a member of the Law School’s faculty since 2002.

Judge Barrett teaches and researches in the areas of federal courts, constitutional law, and statutory interpretation. Her scholarship in these fields has been published in leading journals, including the Columbia, Virginia, and Texas Law Reviews. From 2010-2016, she served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure. She has been selected as “Distinguished Professor of the Year” by three of the Law School’s graduating classes.

Judge Barrett earned her B.A. in English literature, magna cum laude, from Rhodes College, where she was elected to Phi Beta Kappa and, among other honors, was chosen by the faculty as the most outstanding graduate in the college’s English department. She earned her J.D., summa cum laude, from Notre Dame, where she was a Kiley Fellow, earned the Hoynes Prize, the Law School’s highest honor, and served as executive editor of the Notre Dame Law Review.

Before joining the Notre Dame faculty, Judge Barrett clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. As an associate at Miller, Cassidy, Larroca & Lewin in Washington, D.C., she litigated constitutional, criminal, and commercial cases in both trial and appellate courts. Judge Barrett has served as a visiting associate professor and John M. Olin Fellow in Law at the George Washington University Law School,  as a visiting associate professor of law at the University of Virginia and is a member of the American Law Institute (ALI).”

Read more:

https://law.nd.edu/directory/amy-barrett/

Lawyer and law clerk endorsement letter:

https://law.nd.edu/assets/253073/amybarrettscotus.pdf

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

 

 

 

Ruth Bader Ginsburg dissent right about mandated arbitration, “insulated powerful economic interests from liability”, Thrivent powerful example

Ruth Bader Ginsburg dissent right about mandated arbitration, “insulated powerful economic interests from liability”, Thrivent powerful example

“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”…Thrivent v. Acosta Nov. 3, 2017

“pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.”…NAIC, National Association of Insurance Commissioners, August 15, 2016

“I worked at Thrivent Financial full-time (More than 8 years)”                      “Claims to be based on Christian values but does not adhere to them.”…Former Thrivent employee

 

I got quite an education at an enormous financial and emotional cost when I filed claims with Thrivent Financial (for Lutherans) on 2 occasions.

They retroactively changed the contract on a disability policy I paid on religiously for 25 years to require mandated dispute resolution including arbitration.

They committed documented fraud on both occasions and demanded that even fraud go to arbitration.

They took away my day in court.

From Citizen Wells July 1, 2018.

“People around me and online may try to put me in a nice neat box such as Republican.

I do not fit.

What I am is an American who adheres to the US Constitution and rule of law.

I am not against arbitration on principle. Mutually agreed to.

I am against forced, mandated arbitration which strips away one of our basic rights.

Our day in court.”

“The Supreme Court on Monday ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues.

The vote was 5 to 4, with the court’s more conservative justices in the majority. The court’s decision could affect some 25 million employment contracts.”

“Justice Ruth Bader Ginsburg read her dissent from the bench, a sign of profound disagreement. In her written dissent, she called the majority opinion “egregiously wrong.” In her oral statement, she said the upshot of the decision “will be huge under-enforcement of federal and state statutes designed to advance the well being of vulnerable workers.””

““Under those contracts, Justice Ginsburg wrote, it is often not worth it and potentially dangerous to pursue small claims individually. “By joining hands in litigation, workers can spread the costs of litigation and reduce the risk of employer retaliation,” she wrote.

The contracts may also encourage misconduct, Justice Ginsburg wrote.

“Employers, aware that employees will be disinclined to pursue small-value claims when confined to proceeding one-by-one, will no doubt perceive that the cost-benefit balance of underpaying workers tips heavily in favor of skirting legal obligations,” she wrote, adding that billions of dollars in underpaid wages are at issue.”

“In a 2015 dissent, Justice Ginsburg, citing a New York Times article examining arbitration agreements, wrote that the 2011 decision and later ones “have predictably resulted in the deprivation of consumers’ rights to seek redress for losses, and, turning the coin, they have insulated powerful economic interests from liability for violations of consumer protection laws.””

https://citizenwells.com/2018/07/01/us-supreme-court-decision-to-uphold-mandated-arbitration-further-erodes-our-rights-our-day-in-court-deprivation-of-consumers-rights-to-seek-redress-for-losses/

From Citizen Wells March 26, 2019.

“From Insurance Business Magazine.

Clicking “accept” on a company’s terms and conditions – something we do daily to use and pay for products and services – usually subjects us to lengthy contractual agreements, many of which contain mandatory arbitration clauses. Proponents of arbitration might think it’s the greatest thing since whole wheat artisanal sliced bread, but mandating arbitration in consumer contracts is troublesome, and it has no place in insurance policies for individuals and small businesses.”

“However, placing mandatory arbitration clauses in insurance policies restructures this crucial aspect of the insurer-insured relationship. Companies presumably employ pre-dispute mandatory arbitration provisions because they believe arbitration generally benefits them – and a growing amount of research suggests they are right.”

“From the NAIC, The National Association of Insurance Commissioners, August 15, 2016.

“Why arbitration clauses should be banned”

“Insurers that would insist on mandatory arbitration of policyholder disputes have selected the forum that they believe will be more favorable to them than to their policyholders, if not on each individual claim then in the aggregate. However, manipulating the dispute resolution process in this manner conflicts with the duties insurers owe their policyholders and is not holding their policyholders’ interests “at least equal to their own.”

If arbitration was truly a neutral forum rather than one favoring insurers, then there would be no need for an insurer to insist on its use before a dispute has even arisen.”

https://citizenwells.com/2019/03/26/mandated-arbitration-has-no-place-in-insurance-policies-for-individuals-naic-reviewing-mccarran-ferguson-act-allows-states-to-regulate-arbitration-in-insurance-over-federal-arbitration-act-faa/

Arbitration can be a valuable tool. But it should not be mandated.

Justice Ruth Bader Ginsburg  was right.

God bless.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Biden 2016: “Under my chairmanship, every Supreme Court nominee was given a hearing and a vote in the Judiciary Committee”, NY times

Biden 2016: “Under my chairmanship, every Supreme Court nominee was given a hearing and a vote in the Judiciary Committee”, NY times

 

“I made it absolutely clear that I would go forward with a confirmation process as [Senate Judiciary] chairman, even a few months before a presidential election, if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution requires,” ..Joe Biden, Georgetown Law School 2016

“When there is a vacancy on the SCOTUS, the President is to nominate someone, the Senate is to consider that nomination … There’s no unwritten law that says that it can only be done on off-years. That’s not in the Constitution text.”...Barack Obama 2016

“Even if President Trump wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate,”...Joe Biden 2020 

 

Is this the man you want for our next president?

Corrupt career politician Joe Biden.

A liar and hypocrite.

From The Daily Mail September 20, 2020.

“Former Vice President Joe Biden appealed to Senate Republicans Sunday not to allow President Trump to ‘jam’ through’ a Supreme court pick – and said if he himself wins in November, it should be he who gets to make the selection.

‘This appointment isn’t about the past. It’s about the future. And the people of this nation are choosing their future right now as they vote,’ Biden said in a speech in Philadelphia Sunday.

‘To jam this nomination through the Senate is just an exercise in raw political power, and I don’t believe the people of this nation will stand for it,’ Biden said.”

“‘Even if President Trump wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate,’ he added. ”

Read more:

https://www.dailymail.co.uk/news/article-8753323/Joe-Biden-calls-Donald-Trumps-Supreme-Court-nominee-WITHDRAWN-loses.html

From the NY Times March 3, 2016.

“IN my 36-year tenure in the United States Senate — nearly half of it as chairman or ranking Democrat on the Judiciary Committee — I presided or helped preside over nine nominees to the Supreme Court, from both Republican and Democratic presidents. That’s more than anyone else alive today.

In every instance we adhered to the process explicitly laid out in the Constitution: The president has the constitutional duty to nominate; the Senate has the constitutional obligation to provide advice and consent. It is written plainly in the Constitution that both presidents and senators swear an oath to uphold and defend.”

“Under my chairmanship, every Supreme Court nominee was given a hearing and a vote in the Judiciary Committee. And I made sure every nominee was given a full vote on the floor of the Senate, even those whose initial vote in the Judiciary Committee had failed, and even those whom I opposed. Only those who withdrew did not get floor votes. This position earned me the anger of my own party. But I believed strongly that the Constitution, clearly and plainly, calls for all 100 senators to advise and consent on nominees — not just the handful on the Judiciary Committee.”

“I know there is an argument that no nominee should be voted on in the last year of a presidency. But there is nothing in the Constitution — or our history — to support this view. Justice Anthony M. Kennedy was confirmed in the last year of Ronald Reagan’s second term. I know. I was chairman of the Judiciary Committee at the time. And we promptly gave him a hearing, a vote in committee and a full vote on the floor.”

Read more:

https://www.nytimes.com/2016/03/04/opinion/joe-biden-the-senates-duty-to-advise-and-consent.html

USA Memes

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Attorney General Barr on passing of Justice Ruth Bader Ginsburg September 18, 2020, “Her legal ability, personal integrity, and determination were beyond doubt”

Attorney General Barr on passing of Justice Ruth Bader Ginsburg September 18, 2020, “Her legal ability, personal integrity, and determination were beyond doubt”

“In a 2015 dissent, Justice Ginsburg, citing a New York Times article examining arbitration agreements, wrote that the 2011 decision and later ones “have predictably resulted in the deprivation of consumers’ rights to seek redress for losses, and, turning the coin, they have insulated powerful economic interests from liability for violations of consumer protection laws.””...NY Times May 21, 2018

“Having experienced the abuse of mandated arbitration first hand, I agree with Justice Ginsburg. It may be the only time it happens, but injustice is injustice.”...Citizen Wells

 

From Attorney General William P. Barr September 18, 2020.

“On behalf of the Department of Justice, I extend my deepest sympathy on the passing of Justice Ruth Bader Ginsburg.  Justice Ginsburg led one of the great lives in the history of American law.  She was a brilliant and successful litigator, an admired court of appeals judge, and a profoundly influential Supreme Court Justice.  For all her achievements in those roles, she will perhaps be remembered most for inspiring women in the legal profession and beyond.  She and I did not agree on every issue, but her legal ability, personal integrity, and determination were beyond doubt.  She leaves a towering legacy, and all who seek justice mourn her loss.”

https://www.justice.gov/opa/pr/statement-attorney-general-william-p-barr-passing-justice-ruth-bader-ginsburg

 

More here:

https://citizenwells.com/

http://citizenwells.net/

Julie Swetnick affidavit appears to be more party girl horse crap, Citizen Wells analysis, Witness to rapes and not call police makes her accessory

Julie Swetnick affidavit appears to be more party girl horse crap, Citizen Wells analysis, Witness to rapes and not call police makes her accessory

“Receptionist: How do you write women so well?
Melvin Udall: I think of a man, and I take away reason and accountability.”…From the movie “As good as it gets”

“Democrat mantra: The end justifies the means.”…Citizen Wells

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

Julie Swetnick is another party girl with zero credibility.

She claims in her affidavit to have witnessed the rapes of other women.

That makes her a criminal, an accessory to crimes.

Did she mention that when applying for security clearances?

She attended over 10 of these house parties from 1981-83.

If girls were getting raped, why did she keep attending?

She states that she was raped: “I believe I was drugged using Quaaludes or something similar placed in what I was drinking,” so drugged that she could not resist the rape,  yet she remembers Brett Kavanaugh being present and after over 35 years.

She makes value judgements that she would not be qualified to make even if she were sober.

If you can’t see through this charade you are biased or dumber than dirt (or both).

She also states:

“Mark Judge has significant information concerning the conduct of Brett Kavanaugh”

That is correct.

Mark Judge stated: “It’s just absolutely nuts. I never saw Brett act that way,”

https://www.scribd.com/document/389518475/s-Wet-Nick-Statement#download&from_embed

 

More here:

https://citizenwells.com/

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Christine Blasey Ford high school party girl? Honesty questions, Hitched her wagon to dishonest media and Democrat Party, Glass houses and stone throwing

Christine Blasey Ford high school party girl? Honesty questions, Hitched her wagon to  media and Democrat Party, Glass houses and stone throwing

“people who live in glass houses shouldn’t throw stones”…Old saying

“Democrat mantra: The end justifies the means.”…Citizen Wells

“Nothing can now be believed which is seen in a newspaper.
Truth itself becomes suspicious by being put into that
polluted vehicle.”…. Thomas Jefferson

 

Christine Blasey Ford has a big problem.

She has been “throwing stones” at Brett Kavanaugh but apparently she “lives in a glass house.”

After reading the Washington Post article about her allegations, a series of red flags were raised and reported here on September 18, 2018.

Let’s begin with the obvious:

  • Ms. Ford was 15 and Mr. Kavanaugh was 17 at the time of the alleged incident.
  • Ms. Ford attended a party without parental supervision.
  • Ms. Ford stated they had both been drinking.
  • According to the Post, she states that she does not remember many key points of the incident. She did not recall how she got there. She does not state how much she drank before arriving.
  • There was no rape.
  • “she told no one at the time what had happened to her.” It seems odd that she told no one, not even a best friend.
  • “This is nothing, it didn’t happen, and he didn’t rape me.”
  • Perhaps she was traumatized. She was 15, drinking, at an unsupervised party. Perhaps she misinterpreted horseplay. Who knows.
  • Memories from events over 30 years ago are not reliable. As are memories “retrieved” under Psychoanalysis.
  • Ms. Ford is a Democrat, the party of the end justifies the means.

https://citizenwells.com/2018/09/18/christine-blasey-ford-allegations-against-brett-kavanaugh-feelings-vs-facts-zero-credibility-scenario-republicans-should-grow-gonads-and-end-this-farce/

The post mentioned that Ford also deleted her social media accounts.

Another red flag, i.e. what was she hiding.

An issue of honesty was emerging.

Christine Blasey Ford was a well educated psychological professional.

From my exposure to Psych 101 and other research I knew that human memories were extremely fallible.

Ms. Ford was educated on this matter and not being honest in her portrayal of “facts.”

From Psychology Today Mar 12, 2012.

“Unreliable Memory

“We tend to think that memories are stored in our brains just as they are in computers. Once registered, the data are put away for safe-keeping and eventual recall. The facts don’t change.

But neuroscientists have shown that each time we remember something, we are reconstructing the event, reassembling it from traces throughout the brain. Psychologists have pointed out that we also suppress memories that are painful or damaging to self-esteem. We could say that, as a result, memory is unreliable. We could also say it is adaptive, reshaping itself to accommodate the new situations we find ourselves facing. Either way, we have to face the fact that it is “flexible.”

For most of us that usually means we recall a rosier past than we actually had, though some of us are tormented by memories of a painful past we can’t shake and that seems to get worse every time we revisit them. But for all of us that means an incomplete past.

Nothing brings this home better than the memories of witnesses in trials, one of the cornerstones of our legal system. All too many people have been put behind bars on the testimony of witnesses, who when challenged by more objective data have been later proved to be misremembering.”

“There is always the danger of Groupthink. But if you encourage disagreements and challenges, you are not only likely to avoid conformity but get better results.”

Read more:

https://www.psychologytoday.com/us/blog/hidden-motives/201203/unreliable-memory

Groupthink, eh? That sounds problematic.

Oops, it appears that Christine Blasey Ford has an even bigger problem.

It appears that her high school yearbooks were scrubbed and retrieved.

From Cult of the 1st Amendment.

“The resistance media has been singularly focused on Brett Kavanaugh’s high school yearbooks, which imply that he got drunk and threw up. There’s no need to imply anything from the Holton-Arms yearbooks. It’s all there in focus, and the written word too. All of the sordid details as approved for publication by a “look the other way” faculty. And now it’s available for historical/evidentiary review.

It is to this wild Holton culture we must look in order to shed light on the last minute accusation by Christine Blasey. And in the official high school chronicles of this era, we find many names of people who can provide relevant evidence.

Christine “Chrissy” Blasey alleges she cannot recall the exact date, place or names of people who were at the party in question. This research is intended to refresh her recollection and the recollections of others who may recall key facts. (In this report, last names have been redacted and faces obscured, other than the picture of Chrissy Blasey seen below.)

The yearbook title is SCRIBE. The relevant issues are SCRIBE 82, SCRIBE 83 and SCRIBE 84, corresponding to Blaseys’s sophomore, junior and senior years, when she and her classmates (and Kavanaugh) were 15-17 year old juveniles.

While preparing this report, I came across a biased viral article from Heavy.com that portrays Christine Blasey and Holton-Arms as the very essence of high school purity. As for the school itself, when Blasey attended it, nothing could be further from the truth, as you will see below.”

“Lastly one cannot fail to mention the climax of the junior social scene, the party. Striving to extend our educational experience beyond the confines of the classroom, we played such intellectually stimulating games as Quarters, Mexican Dice and everyone’s favorite, Pass-Out, which usually resulted from the aforementioned two.”



“The Halloween party pictured above would have taken place within sixteen weeks of the alleged assault, which Blasey claims happened in the Summer of ’82, after her sophomore year. “

“1982 was a particularly wild year and Scribe 82 published multiple pictures of minors drinking heavily, beer cans stacked up, liquor repeatedly glorified, boys, beer and “the ‘Zoo’ atmosphere”. The caption on the right side of the image mocks the faculty and parents, “Come on, you’re really too young to drink.””

Numerous passages in the yearbooks discuss the drunken keg parties held while parents were away from home:

There is much more & I urge you to read it.

https://cultofthe1st.blogspot.com/2018/09/why-christine-blasey-fords-high-school_19.html?showComment=1537409523569&m=1#c2260053581059665674

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

“The road to hell is paved with good intentions.”…Karl Marx

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

People around me and online may try to put me in a nice neat box such as Republican.

I do not fit.

What I am is an American who adheres to the US Constitution and rule of law.

I am not against arbitration on principle. Mutually agreed to.

I am against forced, mandated arbitration which strips away one of our basic rights.

Our day in court.

From the New York Times.

“Supreme Court Upholds Workplace Arbitration Contracts Barring Class Actions

The Supreme Court on Monday ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues.

The vote was 5 to 4, with the court’s more conservative justices in the majority. The court’s decision could affect some 25 million employment contracts.

Writing for the majority, Justice Neil M. Gorsuch said the court’s conclusion was dictated by a federal law favoring arbitration and the court’s precedents. If workers were allowed to band together to press their claims, he wrote, “the virtues Congress originally saw in arbitration, its speed and simplicity and inexpensiveness, would be shorn away and arbitration would wind up looking like the litigation it was meant to displace.”

Justice Ruth Bader Ginsburg read her dissent from the bench, a sign of profound disagreement. In her written dissent, she called the majority opinion “egregiously wrong.” In her oral statement, she said the upshot of the decision “will be huge under-enforcement of federal and state statutes designed to advance the well being of vulnerable workers.”

Justice Ginsburg called on Congress to address the matter.

Brian T. Fitzpatrick, a law professor at Vanderbilt University who studies arbitrations and class actions, said the ruling was unsurprising in light of earlier Supreme Court decisions. Justice Gorsuch, he added, “appears to have put his cards on the table as firmly in favor of allowing class actions to be stamped out through arbitration agreements.”

As a result, Professor Fitzpatrick said “it is only a matter of time until the most powerful device to hold corporations accountable for their misdeeds is lost altogether.””

“Under those contracts, Justice Ginsburg wrote, it is often not worth it and potentially dangerous to pursue small claims individually. “By joining hands in litigation, workers can spread the costs of litigation and reduce the risk of employer retaliation,” she wrote.

The contracts may also encourage misconduct, Justice Ginsburg wrote.

“Employers, aware that employees will be disinclined to pursue small-value claims when confined to proceeding one-by-one, will no doubt perceive that the cost-benefit balance of underpaying workers tips heavily in favor of skirting legal obligations,” she wrote, adding that billions of dollars in underpaid wages are at issue.

Justice Ginsburg added that requiring individual arbitrations can produce inconsistent results in similar cases, particularly because arbitrations are often confidential.”

“In a 2015 dissent, Justice Ginsburg, citing a New York Times article examining arbitration agreements, wrote that the 2011 decision and later ones “have predictably resulted in the deprivation of consumers’ rights to seek redress for losses, and, turning the coin, they have insulated powerful economic interests from liability for violations of consumer protection laws.””

Read more:

https://www.nytimes.com/2018/05/21/business/supreme-court-upholds-workplace-arbitration-contracts.html

Having experienced the abuse of mandated arbitration first hand, I agree with Justice Ginsburg.

It may be the only time it happens, but injustice is injustice.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

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:

https://citizenwells.com/

http://citizenwells.net/

 

Montgomery Sibley US Supreme Court Application to be relieved from Restraining Order distributed for Conference of April 29, 2016, DC madam phone list could impact 2016 presidential election, Ted Cruz listed in records?

Montgomery Sibley US Supreme Court Application to be relieved from Restraining Order distributed for Conference of April 29, 2016, DC madam phone list could impact 2016 presidential election, Ted Cruz listed in records?

“You could drive down the streets of Washington and look at every building on your left and right and in each and every one of those buildings, we had clients.”…DC Madam

“Since 2007, I have been under court order restraining me from publically releasing those records. Those records contain information relevant to the 2016 presidential election,”…Montgomery Blair Sibley

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

Montgomery Sibley’s US Supreme Court Application to be relieved from Restraining Order distributed for Conference of April 29, 2016.

No. 15A1016
Title:
Montgomery Blair Sibley, Applicant
v.
United States District Court for the District of Columbia
Docketed: April 1, 2016
Lower Ct: United States District Court for the District of Columbia
  Case Nos.: (1:07-cr-00046-RWR-1)

 

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 28 2016 Application (15A1016) for a stay, submitted to The Chief Justice.
Apr 4 2016 Application (15A1016) denied by The Chief Justice.
Apr 6 2016 Application (15A1016) refiled and submitted to Justice Thomas.
Apr 13 2016 DISTRIBUTED for Conference of April 29, 2016.

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles%5C15a1016.htm

From Montgomery Blair Sibley April 6, 2016.

“Yesterday, Chief Justice Roberts denied myApplication to be relieved from the Restraining Order which prohibits me from releasing any of the D.C. Madam Jeane Palfrey’s Escort Service Records.  This follows: (i) the refusal of the U.S. District Court to allow me to file a Motion to Modify that Restraining Order and (ii) the refusalof the U.S. Circuit Court of Appeals for the District of Columbia to rule upon my Petition which sought to Order the District Court Clerk to file my Motion to Modify.

Before I simply release the records in my possession, I must exhaust all judicial remedies. Accordingly, invoking Supreme Court Rule 22.4, I am renewing the Application with a second Justice, the estimable Clarence Thomas.  I will wait to see what he says before taking my next step.”

Read more:

http://amoprobos.blogspot.com/

Renewed application to SCOTUS:

Read more here:

https://citizenwells.com/

Montgomery Sibley D.C. Madam Jeane Palfrey’s Escort Service Records update April 6, 2016, Invoking Supreme Court Rule 22.4, Renewing Application with a second Justice, Clarence Thomas

Montgomery Sibley D.C. Madam Jeane Palfrey’s Escort Service Records update April 6, 2016, Invoking Supreme Court Rule 22.4, Renewing Application with a second Justice, Clarence Thomas

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“COMING CLEAN: From what I know, at least 2 of the women named as Cruz mistresses by the National Enquirer are accurate”…Drew Johnson, Twitter

 

From Montgomery Blair Sibley April 6, 2016.

“Yesterday, Chief Justice Roberts denied myApplication to be relieved from the Restraining Order which prohibits me from releasing any of the D.C. Madam Jeane Palfrey’s Escort Service Records.  This follows: (i) the refusal of the U.S. District Court to allow me to file a Motion to Modify that Restraining Order and (ii) the refusalof the U.S. Circuit Court of Appeals for the District of Columbia to rule upon my Petition which sought to Order the District Court Clerk to file my Motion to Modify.

Before I simply release the records in my possession, I must exhaust all judicial remedies. Accordingly, invoking Supreme Court Rule 22.4, I am renewing the Application with a second Justice, the estimable Clarence Thomas.  I will wait to see what he says before taking my next step.”

Read more:

http://amoprobos.blogspot.com/

Renewed application to SCOTUS:

Click to access Clerk2a.pdf