Apuzzo loses again: Vermont Supreme Court rules unanimously against Brooke Paige

H. Brooke Paige, Photo: JESS ALOE/FREE PRESS)

On Friday the Vermont Supreme Court ruled 5-0 that an appeal of a district court dismissal of case filed by H. Brooke Paige was moot because the election is over and there is nothing within the court’s power and jurisdiction that it could do to grant relief to Mr. Paige since the election is over. Mr. Paige with the assistance of Birther attorney had filed the action against the Vermont Secretary of State James Condos, Attorney General William Sorrel, candidates Ted Cruz and Marco Rubio. Paige wanted Cruz and Rubio’s names removed from the 2016 primary ballot because he claimed they were not “natural born citizens” of the Untied States and therefore ineligible to serve as president.

Paige (with help from his legal advisor Mario Apuzzo) argued that his appeal was not moot and that the court should issue an advisory opinion as to whether or not Cruz and Rubio were natural born citizens because they were likely to run again 2020. The court found that the appeal was moot because the election was over and neither Cruz nor Rubio had been elected. The court also found that Paige’s claim that he could be harmed again if Cruz or Rubio ran in 2020 was speculative. On this point two of the five judges did not agree that the legal standard for capable of repetition had not been met. All five judges agreed on the dismissal however.

I believe this may be the last of the 2016 “Birther” cases. Paige and Apuzzo could of course file an appeal to SCTOUS, which would almost certainly not be heard. If anyone knows of an active case please leave a comment.

This brings Mr. Apuzzo’s record in Birther court actions to a perfect 0 for 16. I updated the scorecard on Apuzzo’s cases to reflect the current loss.

This is the full decision:

This entry was posted in Ballot Challenge, Birther Cases, Mario Apuzzo and tagged , , , , . Bookmark the permalink.

11 Responses to Apuzzo loses again: Vermont Supreme Court rules unanimously against Brooke Paige

  1. David L says:

    “I believe this may be the last of the 2016 “Birther” cases.”

    No, …there is another.

    June 1, 2017

    State of New York Supreme Court, Appellate Division, Third Judicial Department

    THURSDAY, JUNE 1, 2017 9:30 A.M. SESSION


  2. OK, thanks. Our crazy friend Robert Laity who thinks that President Obama should be prosecuted for treason under the UCMJ still has a case going.

  3. tbfreeman says:

    Don’t forget Cody Judy! He unsuccessfully moved (in 2017) to re-open his 2012 case. He has an appeal of the latest denial pending in the 10th Circuit. Judy wants $140M for his troubles.

    • What a train wreck. Judy’s case is closed. He keeps filing useless motions to try to force his case to be reopened under Rule 60 because Mike Zullo had a fake press conference in December 2016. His silly motion filed to the wrong justice at SCOTUS hasn’t even been docketed.

  4. tbfreeman says:

    Too also: Apuzzo appealed the denial of his ballot challenge in New Jersey. He was filing motions and such last summer, but then he stopped talking about. I presume he quietly dismissed it once Cruz withdrew.

  5. tbfreeman says:

    Good news for Paige: Turns out he’s not the only birther who can’t litigate, as New York dismissed Laity’s ballot challenge. Like in Paige’s case, Laity’s incompetent litigating isn’t an exception to the mootness doctrine.

  6. I came across an article that H. Brooke Paige is running for office again. This time he is one of three Republicans running for the right to challenge Bernie Sanders (I) for his Senate seat. Paige is a long shot for the nomination and whoever wins is going to be trounced by Sanders in November.


    The article refers to Paige as a “perpetual candidate”. 😆

  7. It turns out Brooke Paige is also running for the House of Representatives. He is one of two Republicans running to challenge incumbent Democratic Representative Peter Welch. Welch represents Vermont at large. http://digital.vpr.net/post/reporter-roundtable-kicking-campaign-2018-while-still-special-session#stream/0

    Paige can add not one but two losses to his long list.

  8. Mark Bellison says:

    H. Brook Paige is running for 6 Vermont positions in today’s primary.


Leave a Reply (Please see the RC Radio Blog comment policy). Your first comment will be moderated

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s