1184AZ v Peebs

[windjammer]

The Supreme Court has come to a decision: the merger was illegal.

Northern Justice blair will write the majority opinion of the court, backed by Southern Justice Pit and Fremont Justice ilikeverin.
Chief Justice Windjammer will write the dissenting, minority opinion that the merger was legal.
Justice Gass has recused himself.

[Blair]

Supreme Court of Atlasia

Nyman, D.C

1184AZ vs Peebs.

(Lincoln Associate Justice Blair2015 delivers the opinion of the court)

After consideration of the submitted briefs, and the facts of the case, the majority of the court has come to a decision, and sides with 1184AZ.

The court finds that Registrar General (hereby referred to as RG) Peebs acted unlawfully in changing the party affiliation of those registered as 'Labor', to the 'Progressive Union Party'. The power to state a political affiliation is clearly granted to the individual- as established in the 2016 Federal Elections Act,

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Whilst the fourth Constitution grants congress, and thus by extension the RG, the power to 'to regulate voter registration and federal elections', the Court found that this power did not extent to allowing the RG to change the political affiliation of dozens of Labor Party Members without their input, or consent. To allow a government officer such power, without explicit legislative approval would simply allow for too great a scope for abuse in the future.

Indeed, the decision by the RG stemmed from a vote at Labor's Conference where only 4 Members voted to merge the party with PUP. This meant that not only was the RG carrying out an action which they did not have the power- but the act was justified by a minuscule minority of party members.

The power granted to the RG to regulate voter registration means that the RG may, with appropriate legislation, be granted the power to make mass changes to voter registration.  However, such regulation must come with the guarantee that the individual right to choose a political affiliation is maintained.  In the case that such an event were to happen, registered voters have a right to know that their registration may change, through both legislative statute and the by-laws of the party that they affiliate themselves with.

However, the existing body of statute has no provision for the RG to change the political affiliation of voters, and thus the court finds that RG Peebs acted unlawfully. To remedy this action the court hereby orders that all Labor members as of 30th March 2018 (the last copy of the Census before the merger) who are still registered voters are returned to their original political affiliation. These voters are,

1.) Drewmike87.
2.) HarryTruman48.
3.) HenryWallaceVP.
4.) Iceagecoming
5.) JustinTimeCuber
6.) Nclib
7.) NewCanadaland
8.) RFKFan68
9.) TDAS04
10.) TimTurner
11.) vivaportugalhabs

[windjammer]

Supreme Court of Atlasia

Nyman, DC

1184AZ vs Peebs

Minority Opinion of the Court.

Chief Justice windjammer wrote the dissenting opinion of the court

The Supreme Court should have sided with Peebs.

I will of course never join an opinion that basically declares « it is important to prevent abuses from officers ». That is not the role of the Supreme Court to check the morality of the officers, it is the role of Congress to review the quality of the nominees, not a Supreme Court prerogative. The Supreme Court’s role is to make sure the constitution and the laws are respected, not to make the world a better place.

The constitution gives absolute right to Congress

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The provision Justice Blair quoted shall not be interpreted as a prohibition of mergers, it just defines how a voter can register on this political simulation. There is no provision that forbides mergers between parties.

In fact, Section 14, Clause 6 of the federal election law states

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Congress recognizes political parties of three or more as organized, which means that these parties are able to organize themselves, to elect a chairman and other positions they see fit to create, to expulse members and to decide to dissolve or to merge with an another party.

Former Labor Chair HenryWallaceVP hosted a special convention about the future of the Labor Party. A vote was held to determine whether or not they should merge with the Progressive Union Party, and they decided unanimously to dissolve and to merge with the Progressive Union Party.

The majority of the Supreme Court Justice in this case violated the right of organized parties to organize themselves by creating new rights based on nothing. The constitution is quite clear on the subject and gives the Congress absolute rights to regulate voter registrations. In the majority opinion of this court case, Justice Blair wrote :

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The constitution doesn’t grant the right to the members of this simulation to choose a political affiliation, proved by Justice Blair not quoting the constitution to assert his claims. Congress has absolute rights to regulate voter registration.
 
The majority of the Supreme Court Justices not only violated the right of the organized parties to organize themselves, they as well created a dangerous precedent by creating new rights out of nowhere based on nothing . By doing that, it makes the Supreme Court a political body and that shall never be its role. The role of the Supreme Court is to make sure the Constitution is respected, not to create new rights that aren’t grantd by the constitution.

It is important to make anyone notice that absolutely no member of the Labor Party opposed the vote being held or the outcome of this vote: the merger. 1184AZ himself wasn't a member of the Labor party at this time.

Thus, I stand alone in writing this minority decision.