Professional Documents
Culture Documents
No. 14-9396
______________
IN THE
Motion to Reopen Case and Reconsider Motion of Forma Pauperis to Grant Writ of
Certiorari
OF
FORMA
Comes Now the Petitioner before the Court, pro se, and respectfully submits this
MOTION TO REOPEN and RECONSIDER MOTION OF FORMA PAUPERS stating the
Facts, New Evidence, and Compelling Motive for the Court to grant the Writ of
Certiorari.
BRIEF
FACTS:
1- Oct 8th, 2015
9396
pauperis is denied. Petitioner is allowed until July 13, 2015, within which to
pay the docketing fee required by Rule 38(a) and to submit a petition in
compliance with Rule 33.1 of the Rules of this Court.
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Only one Justice, Justice Alito, does not participate in the cert. pool. Instead, his law clerks
review the cases on their own and make recommendations directly to him. Emphasis added
with underlined script- ]
means" requirement part of being narrowly tailored, though the Court generally
evaluates it separately.
Constitutional Scholars are in disagreement among the population with popular
Candidates approaching them for their personal interest and aggressively using
those standards as Official Review. The Standard for [Standing] is generally agreed
that it takes a Presidential Candidate claiming damages in the race against another
Presidential Candidate in the direct line of competition of political parties. That is
until one party decides on a nominee, an opposing party Candidate cannot
challenge qualifications on eligibility required by the Constitution. The dichotomy
encourages the risk of an Entire General Election coming to the Court with a 49%
loss to a 51% win, with the loser requiring a Qualification Test by the Court. This
could easily threaten the entire Union.
Judy v. Obama 14-9396 does not rest upon an Election, and it allows the Court to
give an Opinion on the Standard of [natural born Citizen] as to the variable
particulars important by Parents as well as jurisdiction of Place. Presidential
Candidate Ted Cruz for instance wishes his 40+ Million Dollar campaign along with
his supporters on a Standard of a single parental conferred [citizenship], not
necessarily at the time of his birth, but at the time of his mothers birth, that
eliminates her own decision to acquire a dual voting citizenship from Canada. While
Sen. Cruz is not cited as a Respondent, he was given invitation to respond to Amici
Curiae as well as Sen. Marco Rubio, also mentioned in a unique distinction of being
born in the U.S. under Jurisdiction as a Citizen, but having no conferred Parental
Citizenship as they were foreigners. The 14 th Amendment was not a supercision over
Art. II, Section 1, Clause 5 qualification of [natural born Citizen] noticed by even the
author Bingham. Congress has constitutional power to define who is within the
jurisdiction of the United States and therefore eligible for [citizenship]. Jurisdiction
understood as allegiance was not automatic and was not the function of replacing
[natural born Citizenship] for the Office of President that cannot be naturalized by
statute.
There is no danger of the Country burning down based on the outrage of supporters
of a Candidate who has no more Presidential Election to run. The concern of Barack
Obama is different after 7 years then it was immediately after his election, and thus
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this Case may be the one ripe case that leaves the Country in the best possible
shape to gaining an understanding of the Precedent Case Petitioner has used
throughout the Case Minor v. Happersett, 88 U.S. 162 (1875) where the court had to
make a finding of establishment before considering the Case requirement. That
finding depicted [natural born Citizen] without a doubt naturally oriented to those
without statute as:
Those born in the Country to the Parents who are its Citizens are natural born
Citizens or natives.
The positive incentive to propagate American of the new Nation was reserved for
one office only and that was the Office of the President. The Vice President was
assured the same qualifications as good measure. The distinct and unique
qualification of [natural born Citizen] was not divested upon U.S. Representatives or
U.S. Senators whose time period was lesser to achieve qualification. The time period
is the only determination requirement unique to the Office of the President and is
not based unfairly on any particular race, color, ethnicity, or gender. It is simply a
[requirement of time] in an assimilation of American Culture and serves as a
national security measure for the entire population in the duties of the controlling
Executive Branch Officer, not divided by authority, as the Judicial Branch or
Legislative Branches are, and thusly is advisable and wise as per every review by
the Legislature which has failed to change the requirement eight times since 2003.
The Main Stream News media of the entire American Public have been focused
upon the definition of [natural born Citizen] with Mr. Donald Trump entering the race
as a Republican opposed to Sen. Cruz, Sen. Rubio, and Gov. Jindals qualifications
and eligibility as the Petitioner here as a Democratic Party Candidate for President
is; thus making the Case Judy v. Obama 14-9396 a [mutually shared concern] across
Party Lines, and in this sense mooting the political doctrine question.
Federal courts will refuse to hear a case if they find it presents a political question. This phrase is
construed narrowly, and it does not stop courts from hearing cases about controversial issues like
abortion, or politically important topics like campaign finance. Rather, the Supreme Court has held
that federal courts should not hear cases which deal directly with issues that Constitution makes the
sole responsibility of the other branches of government. Baker v Carr, 369 U.S. 186 (1962). Therefore,
the Court has held that the conduct of foreign relations is the sole responsibility of the executive
branch, and cases challenging the way the executive is using that power present political questions.
Oetjen v. Central Leather Co., 246 U.S. 297 (1918). Similarly, the Court has held that lawsuits
challenging congress' procedure for impeachment proceedings present political questions. Nixon v.
United States, 506 U.S. 224 (1993). (Underlined emphasis added. )
This case in fact does not fall under the prohibitions of the political question
doctrine and is a case of damages and the assessment of damages based on a
violation of the rules of the Presidential Qualifications found in the Constitution.
Without an agreement of qualifying terms the race has no meaning. The Legislature
has set out its qualification terms as [Born in the U.S. to Citizen Parents] ie. 2008
U.S. Sen. Res. 511 the most recent ruling of 50 U.S. Senators.
Silence by the Court, or evasion, is also conceived or contrived as favoring a
particular Candidate as perhaps an unintended but perceived consequence. This
represents a Standard that is discriminatory of an aggrieved Candidate. A
Legislative Body is equipped in passing Laws, not settling a matter between two
individuals running in the same competitive race with a disqualification dispute of
terms the Legislature has been clear about. To evade the civil disagreement is by
the Courts Silence to legally allow or give license for violence over rather than a
civil remedy. If the Court has nothing to do with a dispute, a Legislature cannot
settle the matter, only violence remains regrettably the suggestion in the silence.
Dual citizenship is prohibited in the Office of President as foreign, as are duels to
settle matters in the U.S.A.
As this is applied in a popular election, the recipe is for chaos and anarchy of which
the whole of the Courts responsibility to the Constitution is rendered obsolete and
the entire Court is dissolved anyway. By appealing for Justice, Petitioner is only
appealing for civility.
The Questions of this Case can serve the public in a great interest, it is a Main
Stream concern in the Media and in the general public right now, its implications are
of a legal and profound professional question, really needing the experience, and
professional opinion of the Court.
The Public is continually gaining an understanding of the legal Precedent of this
Case through many Outlets of the Media which should factor into and be considered
as [new evidence] in the concern of the Court representing Justice for All:
Mr. Judy is conducting interview, and doing radio interviews that are also
Podcast and available to everyone at their convenience of listening to any
time:
Feb 2, 2016 Worcester, Massachusetts: The Meat & Potatoes Show
http://codyjudy.blogspot.com/2016/02/breaking-newsamericas-ghostcampaign.html
Jan 6, 2016 Flint Michigan The Tom Sumner Program :
http://codyjudy.blogspot.com/2016/01/breaking-report-off-beaten-pathto.html
Aug 10th,2015 : Seadrift Texas Clayton Douglas Show
http://codyjudy.blogspot.com/2015/08/special-report-clayton-douglas-2hr.html
Mr. Judy and his Campaign are being written about, noticed and published
nationally:
JAN 29TH, 2016 The POST & EMAIL Mike Zullo to Appear on Freedom Friday this
Evening [ http://www.thepostemail.com/2016/01/29/mike-zullo-to-appear-onfreedom-friday-this-evening/ ]
DEC 18, 2015 BUSTLE: Has A Candidate Sued The DNC Before? Bernie
Sanders Isn't The First, Technically http://www.bustle.com/articles/130896-hasa-candidate-sued-the-dnc-before-bernie-sanders-isnt-the-first-technically
FEATURED EDITORIALS NATIONALLY
FEB 2nd,2016 SEP 29TH , 2015 FORTY EDITORIALS
[ http://www.thepostemail.com/page/2/?s=CODY+ROBERT+JUDY&x=0&y=0 ]
The leading Republican Polling Candidate Mr. Donald Trump has nationally declared
that this issue is unresolved: TED CRUZ IS NOT ELIGIBLE TO BE PRESIDENT
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https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-bepresident/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html
SUMMARY:
The Petitioner request that in the INTEREST OF JUSTICE to not only himself, but to
the General Public at large, that the Motion to Reopen and Reconsider the Motion for
Forma Pauperis be GRANTED and that his Writ of Certiorari be Granted.
Signed and submitted this 4th Day of February, 2016
Petitioner: /s/ Cody Robert Judy _____________________________
In compliance with 28 U.S.C 1746, reciting the facts and circumstances of service
in accordance with U.S. Supreme Court Rule 29 (c) I do hereby declare under
penalty of law that I mailed, via 1st class U.S. Mail and Email, a true and correct copy
of the forgoing:
MOTION TO REOPEN AND RECONSIDER MOTION FOR FORMA PAUPERIS
Postage pre-paid, to the RESPONDENT(s), by and through Counsel(s) of Record at:
And Also:
Barack Hussein Obama aka Barry Soetoro et all , Case No. 14-9396 et.al.,
The White House
1600 Pennsylavania Avenue NW
Washington, DC 20500
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