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Evasion: Another Obama Eligibility Case Reaches U.S. Supreme Court; Jesters
Birther Report
3/7/2014
Excerpt:
Paige v Vermont Case Moving to U.S. Supreme Court
George Miller | Constitutional Reset
The Vermont Supreme Court (VCS) having found that my Rule 40 Request for Reargument failed to present misinterpretation of material facts or law sufficient to compel them to reconsider their judgment - Mario Apuzzo, Esq. of Jamesburg, New Jersey and Counsel Press, LLC. of NYC and Washington filed my Writ of Certiorari with the Supreme Court of the United States (SCOTUS )today (March 6th, 2014).
The principal issues for review are: 1- mootness, the VSC having ruled that the case at hand had become moot with the passage of time despite numerous rulings by SCOTUS that issues relating to elections have been consistently found to represent an exception to mootness.
First, Storer v. Brown 415 US 724 (footnote #8)
"[8] The 1972 election is long over, and no effective relief can be provided to the candidates or voters, but this case is not moot, since the issues properly presented, and their effects on independent candidacies, will persist as the California statutes are applied in future elections. This is, therefore, a case where the controversy is "capable of repetition, yet evading review." Rosario v. Rockefeller, 410 U. S. 752, 756 n. 5 (1973); Dunn v. Blumstein, 405 U. S. 330, 333 n. 2 (1972); Moore v. Ogilivie, 394 U. S. 814, 816 (1969); Southern Pacific Terminal Co. v. ICC, 219 U. S. 498, 515 (1911). The "capable of repetition, yet evading review" doctrine, in the context of election cases, is appropriate when there are "as applied" challenges as well as in the more typical case involving only facial attacks. The construction of the statute, an understanding of its operation, and possible constitutional limits on its application, will have the effect of simplifying future challenges, thus increasing the likelihood that timely filed cases can be adjudicated before an election is held."
also cites:
Rosario v. Rockefeller 410 US 752
Dunn v. Blumstein 405 US 330
Moore v. Ogilivie 394 US 814
Second, Anderson v. Celebrezze 460 US 780 (footnote #3)
[3] After the Court of Appeals denied a motion for expedited appeal, respondent filed a petition for a writ of certiorari before judgment in this Court, together with a motion to expedite consideration of the petition. The motion and the petition were both denied before the election in November 1980. 448 U. S. 914 and 918 (1980). Even though the 1980 election is over, the case is not moot. See Storer v. Brown, 415 U. S. 724, 737, n. 8 (1974).
Third, Norman v. Reed 02 US 279 (syllabus - #1 )
I - We start with Reed's contention that we should treat the controversy as moot because the election is over. We should 288*288 not. Even if the issue before us were limited to petitioners' eligibility to use the Party name on the 1990 ballot, that issue would be worthy of resolution as "`capable of repetition, yet evading review.' " Moore v. Ogilivie, 394 U.S. 814, 816 (1969). There would be every reason to expect the same parties to generate a similar, future controversy subject to identical time constraints if we should fail to resolve the constitutional issues that arose in 1990.
The matter before us carries a potential of even greater significance, however. As we have noted, the 1990 electoral results would entitle the HWP to enter the next election as an established party in all or part of Cook County, freed from the petition requirements of § 10-2, so long as its candidates were entitled to the places on the ballot that our stay order effectively gave them. This underscores the vitality of the questions posed, even though the election that gave them life is now behind us. [..] More @ Constitutional Reset. Read the filing below or here.
View the complete Birther Report presentation at:
http://www.birtherreport.com/2014/03...lity-case.html
Birther Report
3/7/2014
Excerpt:
Paige v Vermont Case Moving to U.S. Supreme Court
George Miller | Constitutional Reset
The Vermont Supreme Court (VCS) having found that my Rule 40 Request for Reargument failed to present misinterpretation of material facts or law sufficient to compel them to reconsider their judgment - Mario Apuzzo, Esq. of Jamesburg, New Jersey and Counsel Press, LLC. of NYC and Washington filed my Writ of Certiorari with the Supreme Court of the United States (SCOTUS )today (March 6th, 2014).
The principal issues for review are: 1- mootness, the VSC having ruled that the case at hand had become moot with the passage of time despite numerous rulings by SCOTUS that issues relating to elections have been consistently found to represent an exception to mootness.
First, Storer v. Brown 415 US 724 (footnote #8)
"[8] The 1972 election is long over, and no effective relief can be provided to the candidates or voters, but this case is not moot, since the issues properly presented, and their effects on independent candidacies, will persist as the California statutes are applied in future elections. This is, therefore, a case where the controversy is "capable of repetition, yet evading review." Rosario v. Rockefeller, 410 U. S. 752, 756 n. 5 (1973); Dunn v. Blumstein, 405 U. S. 330, 333 n. 2 (1972); Moore v. Ogilivie, 394 U. S. 814, 816 (1969); Southern Pacific Terminal Co. v. ICC, 219 U. S. 498, 515 (1911). The "capable of repetition, yet evading review" doctrine, in the context of election cases, is appropriate when there are "as applied" challenges as well as in the more typical case involving only facial attacks. The construction of the statute, an understanding of its operation, and possible constitutional limits on its application, will have the effect of simplifying future challenges, thus increasing the likelihood that timely filed cases can be adjudicated before an election is held."
also cites:
Rosario v. Rockefeller 410 US 752
Dunn v. Blumstein 405 US 330
Moore v. Ogilivie 394 US 814
Second, Anderson v. Celebrezze 460 US 780 (footnote #3)
[3] After the Court of Appeals denied a motion for expedited appeal, respondent filed a petition for a writ of certiorari before judgment in this Court, together with a motion to expedite consideration of the petition. The motion and the petition were both denied before the election in November 1980. 448 U. S. 914 and 918 (1980). Even though the 1980 election is over, the case is not moot. See Storer v. Brown, 415 U. S. 724, 737, n. 8 (1974).
Third, Norman v. Reed 02 US 279 (syllabus - #1 )
I - We start with Reed's contention that we should treat the controversy as moot because the election is over. We should 288*288 not. Even if the issue before us were limited to petitioners' eligibility to use the Party name on the 1990 ballot, that issue would be worthy of resolution as "`capable of repetition, yet evading review.' " Moore v. Ogilivie, 394 U.S. 814, 816 (1969). There would be every reason to expect the same parties to generate a similar, future controversy subject to identical time constraints if we should fail to resolve the constitutional issues that arose in 1990.
The matter before us carries a potential of even greater significance, however. As we have noted, the 1990 electoral results would entitle the HWP to enter the next election as an established party in all or part of Cook County, freed from the petition requirements of § 10-2, so long as its candidates were entitled to the places on the ballot that our stay order effectively gave them. This underscores the vitality of the questions posed, even though the election that gave them life is now behind us. [..] More @ Constitutional Reset. Read the filing below or here.
View the complete Birther Report presentation at:
http://www.birtherreport.com/2014/03...lity-case.html