The State’s Highest Court Layeth the Smack Down on H. Brooke Paige — UPDATED

Update: Per the Freeploid, Paige will appeal to the U.S. Supreme Court.

Congratulations to Vermont’s #1 Birther, H. Brooke Paige, whose winless streak remains intact following the Vermont Supreme Court’s dismissal of his lawsuit against President Obama, the State of Vermont, and Secretary of State Jim Condos, arguing that Obama is ineligible to be President.

Dismissed without consideration. Because, of course.

For those just joining us, Brooke Paige was the “other” Republican candidate for U.S. Senate in 2012. The guy who managed to lose to the hopeless John MacGovern by a 3-1 margin in the Republican primary. (MacGovern then went on to lose to Bernie Sanders by a similar margin in November.)

The guy once described as “somewhat eccentric” by Vermont’s foremost authority on eccentricity, True North Reports.

Paige’s take on Birtherism is different from most. He acknowledges that President Obama was, indeed, born in Hawaii. But he interprets the Constitutional standard for the Presidency as requiring two parents who were both U.S. citizens. And since Obama’s father was Kenyan, Obama himself is effectively Kenyan by the transitive property.  

Paige’s suit, filed in August 2012, sought a declaration that Obama’s filings for re-election were “null and void” and an injunction barring Condos from putting Obama’s name on the ballot. The case was dismissed in Superior Court in November; Paige sought an expedited hearing before the VSC and was rebuffed.

And in a decision filed today, Associate Supreme Court Justice Brian Burgess (in one of his last acts before retiring from the high court) laid the final smackdown on Paige’s futile crusade.

The redoubtable H. Brooke, I’m sure, will keep on not taking “no” for an answer. And technically, he has a point: Burgess’ ruling was not based on the merits of Paige’s case, but on the “mootness doctrine” — the idea that further legal proceedings will have no effect. Burgess also noted that Paige failed to identify “any negative result to him,” which means he lacks standing to bring the suit.

I can almost hear Paige crying “Aha! So you’re saying my suit might possibly have merit!”

(Quite possibly, based on past experience, right here in the comments section on GMD.)

Postscript: As noted above, Paige will try to take his case to the U.S. Supreme Court. And as I predicted, he has interpreted his defeat as a victory, sort of: he told the Freeploid that the VCC dismissal was “as positive a ruling as I could have anticipated.”

The technical term for that, aside from “delusional,” is “setting the bar really low.”  

11 thoughts on “The State’s Highest Court Layeth the Smack Down on H. Brooke Paige — UPDATED

  1. HE LOVES ALL-CAPS!!!!!!!

    And I’m just glad they finally ruled.  I’ve been checking the decisions every week.  Probably can’t blog on it much today, but I’ve written a lot about his unique take on the birther delusion.  0-for-infinity!

  2. Mr. Paige is my sage wisdom & salvage what little credibility – if any – ya have left.

    Crackpots do not generally add much to any conversation & serve to simply feed the media circus & grist for the snarkness of the bloggers mill. They love you!

  3. Sorry I haven’t communicated with my good friends at the GMD sooner!

    VRAP Rule #40, Motion for Motion for Reargument and providing the Recorder of Decisions with several corrections to insure that the decision reflects documentation in the record and the printed case which is due in 14 days.

    While these actions will (in all probability) not alter the decision by the Vermont Supreme Court(VSC) – they will help to provide SCOTUS with a more accurate recitation of the facts and chronicle of events in the Superior Court and on appeal to VSC.

    The issue of mootness arose because Bill Sorrell and his assistants in the Attorney General’s office delayed and stalled the case with frivolous motions in the lower court and unnecessary request for “elongation of time” to file their required answers in VSC. These politically motivated delaying tactics were carried out to insure that the underlying case could not proceed on the merits until well after the election, the selection and meeting of the electors, the electoral college and the inauguration in January. The exception to mootness (confirmed by SCOTUS in Roe v. Wade), arises when there is a high probability of the event repeating and that there will again be insufficient time to adjudicate the issue,  – the circumstances that exist in this case and will be repeated in 2016 should Cruz, Rodriguez, Jindal, Rubio or Haley choose to run for election as President (or VP).  

    It was always understood that the final decision rest with SCOTUS, however the only pathway for a citizen/voter to raise this issue was by developing the case in the state courts. The Vermont Supreme Court decision (after a six month delay)allows me to now appeal the issues to SCOTUS.

    It is my hope that SCOTUS will hear the case and since the VSC has informed, in their ruling, that they do not believe that it is within their constitutional authority to decide the presidential qualification question. The responsibility, under the U.S. Constitution, is exclusively delegated to SCOTUS.

    H. Brooke Paige

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