No. 25-734

Montgomery Blair Sibley v. Kristen Zebrowski Stavisky, New York State Board of Elections Co-Executive Director and Chief Election Official

Lower Court: New York
Docketed: 2025-12-22
Status: Pending
Type: Paid
Response Waived
Tags: constitutional-challenge judicial-review mootness natural-born-citizen presidential-eligibility supreme-court-doctrine
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Whether the New York Court of Appeals improperly found a constitutional challenge to a presidential candidate's eligibility 'moot' by ignoring the 'capable of repetition, yet evading review' doctrine

Question Presented (OCR Extract)

WHETHER, in this U.S. Constitution, Article II, §1, Clause 5 “natural born Citizen ” challenge to the 2024 Democratic candidate for President of the United States, the New York Court of Appeals when finding that claim “moot ” improperly ignored this Court's “capable of repetition, yet evading review ” doctrine established in Moore v. Ogilvie, 394 U. S. 814 (1969). WHETHER, this Court will recognize this extraordinary and pressing constitutional question and promptly direct full judicial consideration by the lower courts to answer the question of who is an Article II, §1, Clause 5 “natural born Citizen ” when to do so now will not vitiate a major party nomination for that office shortly before the next Presidential election? 1

Docket Entries

2026-01-28
DISTRIBUTED for Conference of 2/20/2026.
2026-01-22
Waiver of right of respondent Kristen Zebrowski Stavisky to respond filed.
2025-11-12
Petition for a writ of certiorari filed. (Response due January 21, 2026)

Attorneys

Kristen Zebrowski Stavisky
Barbara Dale UnderwoodNew York Solicitor General, Respondent
Barbara Dale UnderwoodNew York Solicitor General, Respondent
Montgomery Blair Sibley
Montgomery Blair Sibley — Petitioner
Montgomery Blair Sibley — Petitioner