Paige v. Vermont

Plaintiff, a Vermont resident and voter, filed a complaint seeking declarations that Barack Obama is not a "natural born Citizen" as required for eligibility to be President in Article II, Clause 4, of the Federal Constitution and was thus unqualified to be on the ballot for the Office of President, and that Mr. Obama's Petition for Nomination for the primary election and filings for the general election were "null and void" because of his ineligibility to hold office. In addition, plaintiff sought an injunction against the Vermont Secretary of State to bar the Secretary from including Mr. Obama's name on the election ballot in Vermont. Defendants filed a motion to dismiss plaintiff's complaint pursuant to Vermont Rule of Civil Procedure 12(b)(1) and (6). The trial court granted defendants' motion to dismiss, ruling that plaintiff lacked standing to bring the suit because the claim was "an impermissible generalized grievance." Plaintiff filed a timely notice of appeal, and subsequently filed a motion in late 2012 for an expedited hearing before this Court in advance of the Joint Session of Congress that would take place on January 6. This Vermont Supreme Court denied the motion. Plaintiff argued this case was not moot because the Court could provide relief by declaring that Barack Obama was not a natural-born citizen, and asserted that a controversy continues through plaintiff's efforts to safeguard his life, liberty and property. The Vermont Court held this case was moot. View "Paige v. Vermont" on Justia Law