Writ of Certiorari for SCOTUS

[MAS117]

I am suing Chief Judicial Officer Bullmoose on behalf of the Government of the Northeast region for violations of Article IV, Section IV of the Northeast Constitution. Normally I know that the Supreme Court does not rule on regional matters but since I am suing Bullmoose it would be a conflict of interest for him to rule on such case.

I petition the Supreme Court to hear my case.

[MAS117]

I am asking for the SCOTUS to order an injunction so that the Governor-elect and Lt. Governor-elect can not take office until this matter is settled. Thank you.

[The Dowager Mod]

When are they scheduled to swear in?

[TomC]

"vi) When the polls close, the Chief Judicial Officer of the Northeast Region shall be given twenty-four hours to count the votes and declare a winner. The candidate with the most votes for the office of Governor shall be made Governor and the candidate with the most votes for the office of Lieutenant Governor shall by made Lieutenant Governor. The newly elected Governor and Lieutenant Governor are to be officially sworn in on the Tuesday following the election and shall immediately assume office at that point. In the case of a tie, all tied candidates are to run in a run-off election the following week to determine a winner. "

Also, I posted this in the MAS v Bullmoose thread: (getting...)

[bullmoose88]

Your Honors,

I move that this Court dismiss the case for plaintiff's lack of injury and thus lack of standing.

The Court also lacks jurisdiction in the matter and in the event this court finds that the plaintiff have standing, I move for dismissal on the grounds that this court lacks jurisdiction to hear the case.


Should I not prevail, I shall file a full answer to the plaintiff's complaint.

[bullmoose88]

Your Honors,

Should it please the court, I'd be more than willing to elaborate on my motions for dismissal and the issues contained within, if necessary.

[MAS117]

Yours Honors,

As a citizen of the Northeast who voted in the election, and as the Lt. Governor of the Northeast during the election I do indeed have standing for this suit.

[bullmoose88]

Your honors,

The plaintiff has suffered no injury. His vote was counted as all other properly cast votes were.

[MAS117]

Your honors,

The plaintiff has suffered no injury. His vote was counted as all other properly cast votes were.

Nevertheless your Honors,

This election as it stands is a clear violation of the Constitution.

[bullmoose88]

Your honors,

The plaintiff has suffered no injury. His vote was counted as all other properly cast votes were.

Nevertheless your Honors,

This election as it stands is a clear violation of the Constitution.

Your Honors,

This would appear to be one crucial issue to be decided before the inspection of the merits.

Does a non-injured plaintiff have standing to sue?

While it appears that this is a case of first impression to this court, it is a commonly held principle of other jurisdictions (Real life) that non-injured plaintiffs do not have standing, and that their cases are dismissed.

[TomC]

Texasgurl and I do not believe we have jurisdiction in this case. Certainly opebo could chime in and, perhaps, change our minds. However, I have not heard from him on the matter.

So this is unofficial:

I don't see that a party has to be injured to sue, though I'm not sure what MAS wants...does he want us to demand the booth reopen? Are we expected to turn back time and have Bullmoose open the booth at the correct time? Does he want Bullmoose impeached? What does MAS expect to gain from suing? I think he has the right to sue, but without an injured party who didn't get a chance to vote, I don't see what can be done to remedy the wrong he alleges.

However, Bullmoose, the case is yours. Or if the election law I referenced in the other thread is still viable (and I don't see where it has been revoked), the Lt. Gov has jurisdiction. Either way it's a regional matter. As I said last time MAS sued when voting times were in question, if the fact that the booth administrator is also the Chief Judicial officer is a problem, that is also your problem to solve. Just because it may be a conflict of interest doesn't mean it isn't allowed. Indeed, your constitution does allow it. MAS, if you don't like it, fix it this time.
If your beef is with Bullmoose's performance, no court has an authority to remove him. Find out what that process is if you wish to pursue this.

Officially:

This is a regional case; the Supreme Court does not have jurisdiction in the matter.

[YRABNNRM]

What is the "US"?

[MAS117]

What is the "US"?

Oops, good pick up. SCOA.

[bullmoose88]

That said there is a flaw in the elections process, and while I feel I substantively ran the election in the spirit of the NE constitution, we certainly need some fixes.

As the margins of victory and lack of voting several hours to the booth closing, I am of the opinion that a few extra open hours would not have substantively changed the result. The errors that may have occurred were harmless.

At this time, the CJO is interested in creating an assistant or clerk position who would serve in the CJO's stead should he not be avaliable to open or close a booth. Actually it would be more ideal if he/she were to deal with the physical logistics so that if another lawsuit arose, the CJO may preside with no potential conflict. All results would still be subject to the CJO's review and certification.

The case would be dismissed, without prejudice (should MAS wish to sue on another claim), the provisional assistant judicial officership position shall be created as there seems to be no exclusive bar and as the AJ shall be an arm/proxy of the CJO, this court would find that barring any statutory elimination, the CJO may create such an accessory position for these limited circumstances.

[MAS117]

That said there is a flaw in the elections process, and while I feel I substantively ran the election in the spirit of the NE constitution, we certainly need some fixes.

As the margins of victory and lack of voting several hours to the booth closing, I am of the opinion that a few extra open hours would not have substantively changed the result. The errors that may have occurred were harmless.

At this time, the CJO is interested in creating an assistant or clerk position who would serve in the CJO's stead should he not be avaliable to open or close a booth. Actually it would be more ideal if he/she were to deal with the physical logistics so that if another lawsuit arose, the CJO may preside with no potential conflict. All results would still be subject to the CJO's review and certification.

The case would be dismissed, without prejudice (should MAS wish to sue on another claim), the provisional assistant judicial officership position shall be created as there seems to be no exclusive bar and as the AJ shall be an arm/proxy of the CJO, this court would find that barring any statutory elimination, the CJO may create such an accessory position for these limited circumstances.

Thank you Chief Judge. However, I do not think that another position is needed to oversee the election process. If you or whoever the CJO is can not open the booth in time, the Governor or Lt. Governor should be authorized to open. In the orginial provision that I wrote, it even extended as far as a Supreme Court Justice and the SoFA if the Governor or Lt. Governor could not do it.

[bullmoose88]

I've just officially ruled in the other thread.

It creates a common law position to fill in the gap. Its limitations and duties are described there.

[Emsworth]

This is a regional case; the Supreme Court does not have jurisdiction in the matter.

It would seem that the Thirteenth Amendment ("Any Region may vest all or part of its judicial power in the Supreme Court of Atlasia") has bearing on this case. I know of no law passed explicitly by the people of the Northeast granting jurisdiction to the Supreme Court. However, the common law of the Northeast may certainly be relevant.

It is a general principle of the common law that no person should judge his own case; since this case concerns the regional judge, it must necessarily follow that the regional court cannot hear and determine it. It is also a general principle of the common law that every legal wrong has a legal remedy; thus, even if the power to hear this particular case is not vested in the regional court, it must be vested somewhere. That "somewhere" can most certainly, by implication of the regional common law, be the Supreme Court.

There is also clause 15 of Article VI of the Constitution, which protects unenumerated rights in the same fashion as the US Ninth Amendment. Perhaps the plaintiff might make a claim that some particular unenumerated right has been violated.

[bullmoose88]

This is a regional case; the Supreme Court does not have jurisdiction in the matter.

It would seem that the Thirteenth Amendment ("Any Region may vest all or part of its judicial power in the Supreme Court of Atlasia") has bearing on this case. I know of no law passed explicitly by the people of the Northeast granting jurisdiction to the Supreme Court. However, the common law of the Northeast may certainly be relevant.

It is a general principle of the common law that no person should judge his own case; since this case concerns the regional judge, it must necessarily follow that the regional court cannot hear and determine it. It is also a general principle of the common law that every legal wrong has a legal remedy; thus, even if the power to hear this particular case is not vested in the regional court, it must be vested somewhere. That "somewhere" can most certainly, by implication of the regional common law, be the Supreme Court.

There is also clause 15 of Article VI of the Constitution, which protects unenumerated rights in the same fashion as the US Ninth Amendment. Perhaps the plaintiff might make a claim that some particular unenumerated right has been violated.

Of course, but the US Bill of Rights is not mandatory authority here in fantasy land.