It was over three years ago. Mario Apuzzo had commented on several threads on this blog and on one of them, he left this message:
It is not my intent to overturn Wong Kim Ark and I do not know from where you got that notion. Your comment leads me to believe that you do not understand my “natural born Citizen” argument.
On another thread, I commented on my ongoing discussion with Mr. Apuzzo:
I keep telling Apuzzo that he has to overturn Wong.
And I did say that quite a bit back in those days. Now Vermont Superior Court Judge Robert R. Bent says the same:
Mr. Paige has tendered a scholarly article authored by Attorney Mario Apuzzo of New Jersey…. While Mr. Apuzzo mightily attempts to distinguish the conclusion of the United States Supreme Court in Wing Kim Ark, that English common law was adopted as to which model of citizenship was intended by the original framers, this court concludes that his arguments are, in the face of such a decision, academic only.
What the judge is saying is that the Wong decision does apply as binding precedent on his court and whatever Apuzzo thinks about the founders’ intent is academic. To prevail in court Apuzzo has to overturn Wong.
I told you so.