A document has surfaced on the Internet which appears to be a petition for writ of certiorari to the US Supreme Court in the case of H. Brooke Paige v. James Condos, Vermont Secretary of State. In this case Paige, with some assistance from Mr. Apuzzo, argued that US Presidents must have US citizen parents. The lower court rejected that view, saying:
While the court has no doubt at this point that Emmerich de Vattel’s treatise The Law of Nations was a work of significant value to the founding fathers, the court does not conclude that his phrase–”The natives, or natural born citizens, are those born in the country, of parents who are citizens.”–has constitutional significance or that his use of “parents” in the plural has particular significance. This far, no judicial decision has adopted such logic in connection with this or any related issues. In fact, the most comprehensive decision on the topic, Ankeny v. Governor of Indiana, examines the historical basis of the use of the phrase, including the English common law in effect at the time of independence, and concludes that the expression “natural born Citizen” is not dependent on the nationality of the parents but reflects the status of a person born into citizenship instead of having citizenship subsequently bestowed. The distinction is eminently logical.
I wrote why the Supreme Court is unlikely to grant cert in my article: “Why the US Supreme Court will not hear the Paige case,” so I won’t repeat that discussion here.
At this point, a search of the Supreme Court docket does not show the case, nor is there a case number on the petition document uploaded 7 hours ago. Nothing at Apuzzo’s blog yet. Paige writes on his Constitutional Reset blog that the petition was filed yesterday (March 6).
- Coverage at the Burlington Free Press
The Writ of Cert was docketed March 10, and denied by the Supreme Court in May and again (rehearing) in August of 2014.