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Paige and Vogt fail at the Supreme Court

Folks reading comments here already know that the Supreme Court published decisions today: H. Brooke Paige and Douglas Vogt came up losers. The Supreme Court will not take up their cases.

If you want to read more, check out RC’s article, “It’s a twofer at the Supreme Court.”

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39 Responses to Paige and Vogt fail at the Supreme Court

  1. avatar
    Bonsall Obot May 19, 2014 at 11:15 am #

    Oh, and will Paige come here and admit defeat?

    He will not.

  2. avatar
    Rickey May 19, 2014 at 12:24 pm #

    HistorianDude:
    SCOTUS order out.

    Vogt denied.

    Paige denied.

    The Doc is safe.

    Yes, indeed. Here are the specifics:

    No. 13-1076
    Title:
    H. Brooke Paige, Petitioner
    v.
    Vermont, et al.
    Docketed: March 10, 2014
    Lower Ct: Supreme Court of Vermont
    Case Nos.: (2012-439)
    Decision Date: October 18, 2013
    Rehearing Denied: December 6, 2013

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Mar 6 2014 Petition for a writ of certiorari filed. (Response due April 9, 2014)
    Mar 26 2014 Waiver of right of respondents Vermont, et al. to respond filed.
    Apr 29 2014 DISTRIBUTED for Conference of May 15, 2014.
    May 19 2014 Petition DENIED.

    No. 13-1158
    Title:
    Douglas Vogt, Petitioner
    v.
    United States District Court for the Western District of Washington
    Docketed: March 24, 2014
    Lower Ct: United States Court of Appeals for the Ninth Circuit
    Case Nos.: (13-74137)
    Decision Date: January 14, 2014

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Mar 24 2014 Petition for a writ of certiorari filed. (Response due April 23, 2014)
    Mar 24 2014 Motion to expedite consideration of the petition for a writ of certiorari and for leave to file an affidavit under seal filed by petitioner.
    Mar 26 2014 Motion DISTRIBUTED for Conference of April 18, 2014.
    Apr 7 2014 Request for recusal received from petitioner.
    Apr 21 2014 Motion to expedite consideration of the petition for a writ of certiorari and for leave to file an affidavit under seal DENIED.
    Apr 23 2014 Waiver of right of respondent United States District Court for the Western District of Washington to respond filed.
    Apr 29 2014 DISTRIBUTED for Conference of May 15, 2014.
    May 19 2014 Petition DENIED.

  3. avatar
    Dave B. May 19, 2014 at 1:53 pm #

    RC reporting on Vogt and Paige at the Supreme Court: denied.
    http://rcradioblog.wordpress.com/2014/05/19/its-a-twofer-at-the-supreme-court/

  4. avatar
    gorefan May 19, 2014 at 8:06 pm #

    Meanwhile, in Florida the Florida Supreme Court appears to have closed the book on Voeltz v. Obama

    Case Docket

    Case Number: SC14-715 – Closed

    MICHAEL C. VOELTZ vs. BARACK HUSSEIN OBAMA, ETC., ET AL.

    Lower Tribunal Case(s): 1D13-83, 2012-CA-03857

    04/16/2014 DISP-REV DISM NO JURIS (JACKSON/JENKINS) Having determined that this Court is without jurisdiction, this case is hereby dismissed. See Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing will be entertained by this Court.

    http://jweb.flcourts.org/pls/docket/ds_cases_person?psReportStyle=Display&p_userid=&psCourt=FSC&psSearchType=&psHow=contains&psRole=party&pnPersonId=186017&psButton=Submit

    This was the Santa Claus case before Judge Carroll.

  5. avatar
    Andrew Vrba, PmG May 19, 2014 at 8:16 pm #

    Not a good day to be a birther! Well, its never a good day to be a birther, but you know what I mean.

  6. avatar
    Benji Franklin May 19, 2014 at 8:27 pm #

    While we may continue to grow frustrated over the seeming unwillingness of Birthers to accept the legitimate contradictory judgment of ANYONE, in or out of authority, there is in this spectacle of distinctly unconstitutional Birther arguments being reiterated endlessly in time-wasting, redundant presentments to the judiciary at all levels, a reassuring reminder about how wonderful our country’s system of government really is.

    That is in its dedication to making sure that ANY complaining voice can declare its dissatisfaction, and do so without fear of government reprisal. The unobstructed right to publicly utter or write one’s complaints is the chance to be heard, and that is what the Constitution guarantees – not, as Birthers would have us believe during their tantrums, that government must listen to, respond to, and agree to adopt some disgruntled malcontent citizen’s demand for this or that specific change.

    Birthers say this preposterous and completely unworkable suggestion is what is meant by, “petition for redress of grievances”, but that would be obviously nothing less than assumption of dictatorial powers by anyone who complains – goodbye civilization, hello anarchy. It’s the core of Birther lunacy. “Screw the Constitution; I want MY country back.”

    The Framers wanted us protected from things like a handful of malcontents who would be willing to override the will of 60 million plus voting citizens, and try to impose their own tiny judgment on We the People by demanding that the officials we elected, must resign.

    But against the day when a legitimate grievance might deserve such a drastic response, our government patiently, and even nobly endures abuse of the system by eccentric dissidents like the lunatic Birthers.

    So rejoice! Every time a Birther case officially bites the dust, the Liberty Bell rings for real patriots who love this country as a melting pot of sheltering and nurturing accommodation and opportunity for ALL of its people, and do not conditionally love the United States only to the extent that its governing exclusively embodies their own political preferences.

    So Doc, in honor of the imperfectly wonderful country we never lost throughout the Birther Madness, when future Birther legal (or extra-legal) initiatives go bust, consider adding the ring of a cracked bell to the end of that Queen song excerpt you play from, “Another one bites the dust!”

  7. avatar
    Andrew Vrba, PmG May 19, 2014 at 8:53 pm #

    Benji Franklin: The Framers wanted us protected from things like a handful of malcontents who would be willing to override the will of 60 million plus voting citizens, and try to impose their own tiny judgment on We the People by demanding that the officials we elected, must resign.

    That is beautiful. I am reposting this on the OAS facebook page.

  8. avatar
    Rickey May 19, 2014 at 9:07 pm #

    Benji Franklin:

    But against the day when a legitimate grievance might deserve such a drastic response, our government patiently, and even nobly endures abuse of the system by eccentric dissidents like the lunatic Birthers.

    So rejoice!Every time a Birther case officially bites the dust, the Liberty Bell rings for real patriots who love this country as a melting pot of sheltering and nurturing accommodation and opportunity for ALL of its people, and do not conditionally love the United States only to the extent that its governing exclusively embodies their own political preferences.

    So Doc, in honor of the imperfectly wonderful country we never lost throughout the Birther Madness, when future Birther legal (or extra-legal) initiatives go bust, consider adding the ring of a cracked bell to the end of that Queen song excerpt you play from, “Another one bites the dust!”

    Well said. While we sometimes complain bitterly about court decisions, those of us who live in the reality-based world, unlike the birthers, accept the fact that we will not always get our way, and we live with it.

    We can take satisfaction in the fact that even the most extreme conservatives on the Supreme Court (I’m looking at you, Scalia and Thomas) have not as much as paid lip service to the birthers. Every birther SCOTUS appeals has been met with a resounding, 9-0 PETITION DENIED.

    I believe that there are no birther cases currently pending before SCOTUS. I know that Klayman was making noise about appealing the McInnish case, but he hasn’t done anything as of today. He still has a month or so to get it done.

  9. avatar
    Jim May 19, 2014 at 9:53 pm #

    Wonderful, wonderful news. Cancel the DARPA Protection for Doc and the Mrs. No need for the identity change.

  10. avatar
    Bonsall Obot May 19, 2014 at 9:58 pm #

    Jim:
    Wonderful, wonderful news.Cancel the DARPA Protection for Doc and the Mrs.No need for the identity change.

    Great, now what do I do with the 14 Social Security numbers I stole from imaginary Russians for them to use??

  11. avatar
    Jeff May 19, 2014 at 11:42 pm #

    From the world’s angriest birther, FALCON:

    “It will be an absolute riot if there is another 9-11 on Obama’s watch and resources were diverted to ease-drop on Arapio like the Secret Service diverting resources to break-up two neighbors bickering recently.”

    ” an absolute riot ”

    Can you imagine being so blinded by hate and rage, that you would find the deaths of over 3.000 people “an absolute riot”?

    Just..wow

  12. avatar
    Andrew Vrba, PmG May 20, 2014 at 12:01 am #

    Falcon wouldn’t be enraged. He’d claim all the victims and their families to be actors, like he always does, when something horrifying happens.

  13. avatar
    John Reilly May 20, 2014 at 1:02 am #

    When will Mr. Paige or Mr. Vogt show their faces here and agree that they lost?

  14. avatar
    RanTalbott May 20, 2014 at 1:30 am #

    John Reilly: When will Mr. Paige or Mr. Vogt show their faces here and agree that they lost?

    Just as soon as they can book a flight in.

  15. avatar
    John Reilly May 20, 2014 at 2:18 am #

    RanTalbott: Just as soon as they can book a flight in.

    It is probably more appropriate if they rode in on horses, since they reject pretty much everything else about the 20th Century.

  16. avatar
    Lupin May 20, 2014 at 2:40 am #

    Paige when he was here proved himself to be a gullible idiot; I doubt this will do anything but reinforce his paranoia.

  17. avatar
    alg May 20, 2014 at 7:31 am #

    Well, they could always appeal to the International Court of Justice :-)

  18. avatar
    Benji Franklin May 20, 2014 at 12:27 pm #

    Lupin: Paige when he was here proved himself to be a gullible idiot; I doubt this will do anything but reinforce his paranoia.

    Right you are! While no sane citizen “gets” Paige, he persists in believing many of us are out to do so! He clings to an idiotic, politically cast, single Paige view of the Constitution. And I’m afraid that this is a Paige that nether normally disproving courtroom failures nor a “hands-off” God can ever turn.

  19. avatar
    Joey May 20, 2014 at 1:15 pm #

    I don’t know about anyone else, but I lenjoy adding up the running total of birther courtroom failures. I use the “Birther Scorecard.”

    “You can’t tell the players without a scorecard” is what they used to say at baseball games!

    Adding in the latest failures in Voeltz, Paige and Vogt, i get 337 combined original jurisdiction rulings, state and federal appellate opinions and SCOTUS appeal denials.

  20. avatar
    Ellen May 20, 2014 at 3:34 pm #

    Re: “Every birther SCOTUS appeals has been met with a resounding, 9-0 PETITION DENIED. ”

    While I agree with you, of course, I think that that is overstating it somewhat. I had heard (lawyers on this site will correct me if I am wrong), that for a case to be accepted by the US Supreme Court takes four justices, just four. So, if that is right, then the birthers could not get even three justices, meaning that at least one of the four strongly conservatives must be voting against them. Of course, it COULD be all nine justices voting against them, but if I’m correct that there is a rule that four justices are required to take a case is correct, we do not have actual evidence of that.

    A minor point, to be sure.

  21. avatar
    Ellen May 20, 2014 at 4:09 pm #

    Correction

    When I said: “So, if that is right, then the birthers could not get even three justices…”

    I was wrong. of course, it should have read: “…could at most have gotten the votes of three justices, meaning that at least one…” etc.

  22. avatar
    Rickey May 20, 2014 at 4:46 pm #

    Ellen:
    Re: “Every birther SCOTUS appeals has been met with a resounding, 9-0 PETITION DENIED. ”

    While I agree with you, of course, I think that that is overstating it somewhat. I had heard (lawyers on this site will correct me if I am wrong), that for a case to be accepted by the US Supreme Court takes four justices, just four. So, if that is right, then the birthers could not get even three justices, meaning that at least one of the four strongly conservatives must be voting against them. Of course, it COULD be all nine justices voting against them, but if I’m correct that there is a rule that four justices are required to take a case is correct, we do not have actual evidence of that.

    A minor point, to be sure.

    Technically, you are correct. However, in practice, when a respondent waives its right to respond, it only takes one justice to call for a response. SCOTUS will never grant cert on a non-response case without first calling for a response. The respondent could then still decline to respond, but it would do so at its own risk because such a request signifies that at least one justice believes that the cert petition may have merit.

    In all of the birther cases to date, no respondent has filed a response and no justice has called for a response, and in each case cert was denied. While SCOTUS did not take a formal vote on any of them, the fact that no justice was interested in a response means that each petition was a de facto 9-0 shutout.

    As you say, it requires four justices to grant cert, but it only takes one justice to call for a reponse.

  23. avatar
    Rickey May 20, 2014 at 4:49 pm #

    John Reilly:
    When will Mr. Paige or Mr. Vogt show their faces here and agree that they lost?

    I suspect that they are busy scurrying around D.C., searching for Operation American Spring, asking themselves “How difficult should it be to find a crowd of 10 million?”

  24. avatar
    Dave B. May 20, 2014 at 5:08 pm #

    Now compare and contrast this exchange with two birthers trying to adhere to what is correct and accurate. Which is of course like Andy Granatelli and that sumo wrestler trying to hang on to that screwdriver in the STP commercial.

    Rickey: Technically, you are correct. However, in practice, when a respondent waives its right to respond, it only takes one justice to call for a response. SCOTUS will never grant cert on a non-response case without first calling for a response. The respondent could then still decline to respond, but it would do so at its own risk because such a request signifies that at least one justice believes that the cert petition may have merit.

    In all of the birther cases to date, no respondent has filed a response and no justice has called for a response, and in each case cert was denied. While SCOTUS did not take a formal vote on any of them, the fact that no justice was interested in a response means that each petition was a de facto 9-0 shutout.

    As you say, it requires four justices to grant cert, but it only takes one justice to call for a reponse.

  25. avatar
    J.D. Sue May 20, 2014 at 5:29 pm #

    Benji Franklin: Lupin: Paige when he was here proved himself to be a gullible idiot; I doubt this will do anything but reinforce his paranoia.

    Right you are! While no sane citizen “gets” Paige, he persists in believing many of us are out to do so! He clings to an idiotic, politically cast, single Paige view of the Constitution. And I’m afraid that this is a Paige that nether normally disproving courtroom failures nor a “hands-off” God can ever turn.

    —-

    Yes. But, IMO, it is more than that. He is not so stupid as to have not noticed all the legal points that people kept pointing out to him and explaining to him (so much free legal analysis)–his response was silence combined with a few baseless cheap shots at people writing the blog comments. (Lupin, I know you must know what I mean). I also didn’t like the way he slandered U.S. Senator Bernie Sanders here about being too “afraid” to join the Israeli Army. Paige was Sanders’ opponent running for the U.S. Senate, it was something uglier than gullibility that made him say such things.

  26. avatar
    Thomas Brown May 20, 2014 at 10:51 pm #

    “Ease-drop?”

    Yep, ol’ Bird-Brain is dumb as a Dodo.

  27. avatar
    Thomas Brown May 20, 2014 at 11:13 pm #

    Andrew Vrba, PmG:
    Falcon wouldn’t be enraged. He’d claim all the victims and their families to be actors, like he always does, when something horrifying happens.

    Except that claiming it was staged would undercut his ability to pile the tragedy on the president’s head. No, Falcon will need the real deaths of real Americans… innocent souls burnt and mangled, maybe even small children ground into mush like Tim McVeigh did (no doubt making him a hero to Falcon), to slake his unnatural penchant for defiling the leader of our great nation.

    Falcon would be giddy with joy at the uppity half-breed Commie getting taken down. Maybe he’ll use his sleuthing skills to dig up the phone numbers of the victims’ families and call to tell them how their loved ones’ gruesome deaths stoked his steamy & unsavory pseudo-patriotic fever.

    What a great American.

  28. avatar
    Notorial Dissent May 21, 2014 at 1:07 am #

    Probably right on par with finding four justices to grant cert.

    Always assuming that they voted at all, they could simply have declined to vote for it at all.
    Rickey: I suspect that they are busy scurrying around D.C., searching for Operation American Spring, asking themselves “How difficult should it be to find a crowd of 10 million?”

  29. avatar
    Ellen May 21, 2014 at 2:38 am #

    Re: “In all of the birther cases to date, no respondent has filed a response and no justice has called for a response, and in each case cert was denied. While SCOTUS did not take a formal vote on any of them, the fact that no justice was interested in a response means that each petition was a de facto 9-0 shutout.”

    Ah! I see. Thanks!

  30. avatar
    Lupin May 21, 2014 at 5:58 am #

    J.D. Sue: Yes. But, IMO, it is more than that. He is not so stupid as to have not noticed all the legal points that people kept pointing out to him and explaining to him (so much free legal analysis)–his response was silence combined with a few baseless cheap shots at people writing the blog comments. (Lupin, I know you must know what I mean). I also didn’t like the way he slandered U.S. Senator Bernie Sanders here about being too “afraid” to join the Israeli Army. Paige was Sanders’ opponent running for the U.S. Senate, it was something uglier than gullibility that made him say such things.

    I confess that I always find it mildly incomprehensible that anyone would trust third-rate attorney Apuzzo’s incoherent screed about Vattel than my fairly easy-to-grasp summary of what he really said.

  31. avatar
    RanTalbott May 21, 2014 at 7:10 am #

    Lupin: I confess that I always find it mildly incomprehensible that anyone would trust third-rate attorney Apuzzo’s incoherent screed

    Confirmation bias.

    It’s so strong in some groups today, that I consider it a credible possibility that there’s a real neurological difference between people toward the center of the ideological spectrum and people on the extremes.

    There seem to be real fundamental diffrences in thought processes: the closer you get to the ends, the more you see belief in stereotypes, false dichotomies, and conspiracy theories. sometimes the resemblances are so strong it’s like a game of Mad Libs: the Randians want to get the evil government out of the way so the corporations can make them prosperous, and the Communists want to eliminate the evil corporations that are keeping them oppressed so the government can make them prosperous (although I had a friend back in the 70s who believed we could come up with a program that could reliably identify Communist writings, even without an AI that could interpret the text, just by counting the number of adverbs and consecutive adjectives. Communists never just “Fight the bad guys”: they have to “Vigorously oppose the lickspittle running-dog lackeys of oppressive capitalist State”. Or maybe it was just that, when you can’t get a job, you have more time to surrender to logorrhea…).

    Unfortunately, it may take a while to (dis)prove that hypothesis, because leftists and centrists might be willing to undergo FMRIs or will their bodies to researchers, but right-wingers won’t because they don’t believe in science ;-)

  32. avatar
    The Magic M (not logged in) May 21, 2014 at 10:27 am #

    RanTalbott: Communists never just “Fight the bad guys”: they have to “Vigorously oppose the lickspittle running-dog lackeys of oppressive capitalist State”.

    By that logic, many birthers are Communists (just remember their mantra-like repetitions of “the AIDS-infected gay Muslim Marxist treasonous foreign national community organizer usurper Barack Mohammed Hussein Osama Soetoro Soebarkah Obama Davis X Subud”). ;)

  33. avatar
    RanTalbott May 21, 2014 at 10:57 am #

    The Magic M (not logged in): By that logic, many birthers are Communists

    I should add that we never tested that hypothesis: you couldn’t just google up a free parts-of-speech database in those days, and we would’ve been hard-pressed to store it if we could (my 2-generations-old smartphone has more RAM, more CPU power, and more online storage than all the computers we ran for a university with 35000 students, combined).

    It also occurs to me that there may be some cultural bias involved: it’s possible that it’s actually a “flaming nutbar” characteristic, and the only prominent flaming nutbars in that university environment were the Communists. Certainly the birfers I’ve seen exhibiting that pattern are ones that I wouldn’t want to meet unarmed.

  34. avatar
    J.D. Sue May 21, 2014 at 1:08 pm #

    Lupin: I confess that I always find it mildly incomprehensible that anyone would trust third-rate attorney Apuzzo

    —-
    Of course they prefer third-rate attorneys. (BTW, I think “third-rate” is being generous). Other attorneys would tell them they have no case–words they don’t want to hear and will never accept.

  35. avatar
    Rickey May 21, 2014 at 1:54 pm #

    Lupin: I confess that I always find it mildly incomprehensible that anyone would trust third-rate attorney Apuzzo’s incoherent screed about Vattel than my fairly easy-to-grasp summary of what he really said.

    RWNJ Devy Kidd is now citing Apuzzo as an authority on natural born citizenship.

    http://www.newswithviews.com/Devvy/kidd636.htm

  36. avatar
    Dave B. May 21, 2014 at 2:13 pm #

    Such as he is, Mario was finally good for something. Some birfer was spouting that nonsense about Alexandra Hill admitting the President’s birth certificate was forged. I went back and forth over it with birfer, even going to the trouble to transcribe the “stipulation” exchange (I couldn’t find the official transcript I’ve seen mentioned in various places). Even after that, birfer said,
    “So as far as I’m concerned (and as far as the lawyers I know who I’ve discussed it with), it is a de-facto stipulation to the falsity of the document.”
    I told birfer any lawyer that tells you that was a de facto stipulation to the falsity of the document should have his head examined, and that not even Mario would say that. And I posted Mario’s response to the question:
    “Can you, or one of your associates, please tell me where in the video of the court proceedings posted on youtube.com – in minutes and seconds – (where) Allison Hill explicitly concedes that the image posted as representing Obama’s birth certificate was a forgery?”
    Which begins,
    “I (Mario) am not personally aware of Ms. Hill ever admitting during the court proceedings that the posted image of the 4-27-11 birth certificate is a forgery.”
    http://puzo1.blogspot.com/2012/04/update-on-purpura-and-moran-new-jersey.html?showComment=1334781696088#c3285079543665639701

    Lupin: I confess that I always find it mildly incomprehensible that anyone would trust third-rate attorney Apuzzo’s incoherent screed about Vattel than my fairly easy-to-grasp summary of what he really said.

  37. avatar
    jayHG May 21, 2014 at 2:40 pm #

    The Magic M (not logged in): By that logic, many birthers are Communists (just remember their mantra-like repetitions of “the AIDS-infected gay Muslim Marxist treasonous foreign national community organizer usurper Barack Mohammed Hussein Osama Soetoro Soebarkah Obama Davis X Subud”).

    You forgot Benghazi….

  38. avatar
    Majority Will May 21, 2014 at 2:51 pm #

    John Reilly:
    When will Mr. Paige or Mr. Vogt show their faces here and agree that they lost?

    Just fyi – here is contact information for Paige (I don’t know if it’s accurate.):

    (excerpt from his website at http://brookepaige.us)

    “Feel free to contact me anytime at:
    donnap@sover.net

    Write me at:

    H. Brooke Paige
    P.O. Box #41
    Washington, Vermont 05675

    OR give me a call at: (802) 883-2320 (I’m a night owl so evenings before 11pm is fine!)”

  39. avatar
    Dr. Conspiracy May 21, 2014 at 3:52 pm #

    Kidd is an idiot by choice, not by accident of nature.

    Rickey: RWNJ Devy Kidd is now citing Apuzzo as an authority on natural born citizenship.