Posted on 03/07/2014 6:51:22 AM PST by Seizethecarp
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." (citations omitted) 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."
(Excerpt) Read more at birtherreport.com ...
Ping to Mario Apuzzo bringing another eligibility case to SCOTUS. This one involves exceptions allowed as to whether a case is moot after an election.
So far all cases involving Barry have been effectively moot after an election despite what Apuzzo claims to be clear precedent to the contrary.
Filing a Write of Cert isn’t “reaching” SCOTUS. “Reaching SCOTUS is if they accept the case for hearing.
Misleading headline.
hell yes there can be... throw the commie muslim infiltrator in jail.... he knew damn well he was comitting fraud
This is like the trillionth case to reach SCOTUS. They will kick it loose like everyone before it.
Four justices have to agree to bring the case before the court. We have Scalia, Alito, and Thomas ... but incredible as it may seem, two tough Italians, and a hard-nose black man are not enough to sway one more justice to agree to hear the case.
Maybe they should jump that Roberts SOB in the parking lot and tune him up a little. What are the black-robed bastards waiting for; Obama to appoint Raúl Castro to the SCOTUS?
This has gone far enough. We now have candidates declaring themselves, I said declaring themselves "Natural Born Citizens." Never mind "Natural Born," we need a declaration of what a "citizen" actually is. For example, is the granting of citizenship to the offspring of illegal aliens valid, or just a stupid custom?
Come on SCOTUS boys, girls, and LGBTs, do your jobs.
“When Aretha first told us what R-S-P-E-C-T meant to her, she had no idea it would become a rallying cry for African Americans, and women, and then everyone who felt marginalized because of what they looked like or who they loved," Obama said. "They wanted some respect."
And Juan MeCain tells us Obama is the smartest man in the room!
“Filing a Write of Cert isn’t ‘reaching’ SCOTUS. ‘Reaching SCOTUS” is if they accept the case for hearing.”
Fine. BirtherReport is not run by a patriot eligibility activist who appears not to be a lawyer (nor am I).
To lawyers and those familiar with SCOTUS related “legal terms of art” you are correct.
In common parlance the issue of mootness raised in this case has “reached” SCOTUS because it is in their in-box giving them a chance to accept the issue or ignore it without comment. IMO this situation meets the definition of “reaching” SCOTUS in common parlance, if not perfect legal jargon.
Of course there is a near zero probability that SCOTUS will take up the issue in the current state of the evidence.
But what if Barry is credibly revealed by Sheriff Arpaio to have been criminally inserted into US elections in the next few months?
Might not SCOTUS wish to consider whether a person should by excused from criminally conspiring to gain eligibility simply because the plot succeeded? Under the constitution we grew up with, no!
What makes you think you have Scalia, Thomas and Alito - have they ever given any indication they want to hear birther cases? If they had, papers would have been requested - they haven’t in any birther case before the supreme court yet, AFAIK.
We need the SCOTUS to take up this case to define the exact meaning of Natural Born Citizen as Vattel outlined in The Law of Nations which would undoubtably end Obama”s presidency.
Hmm. Cousteau’s ghost is also an after-birther, who would’ve thunk it!
He must of forgot to switch back over to his neighbour account.
LOL
Although it takes 4 votes to grant cert., any one Justice can dissent from the denial of cert. if they think the Court should hear the case. It happens quite often (sometimes a full dissenting opinion; more often a simple notation, "Justice X would have granted cert."). There has never been any published dissent from any denial of cert. in any of the dozen or so eligibility cases that have come up to SCOTUS.
Even more revealing is the failure to request a response. When a party files a cert. petition, the other side may, but does not have to, file a response. If no response is filed, but any one Justice is interested in the case, the Court will ask the opposing party to file a response. That has likewise never happened in any eligibility case.
If none of the J of SCOTUS want to hear an eigibility case, they’re traitors and/or base cowards. It doesn’t mean it’s not a legitimate issue.
Retread trolls are worthless POS and it is very telling you are supporting him. Are you his “neighbor”?
And no, I have no idea who "Cousteau's Ghost" is.
No fretting. Sheriff Arpaio will drop the hammer sometime this Spring on Obama as they got the proof, and there is another active criminal investigation.
ROTFLOL.
But you sure like him! Soulmate and all that.
Thank you - spreading good cheer!
;-)
I was just slightly annoyed; not quite into the fretful territory. Yet.
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