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: