The Op vs. Atlasia (user search)
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  The Op vs. Atlasia (search mode)
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Author Topic: The Op vs. Atlasia  (Read 1576 times)
Attorney General & PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,978
United States


Political Matrix
E: -1.42, S: -0.52

P P P
« on: March 26, 2024, 07:39:04 PM »

In my capacity as Attorney General, I hereby recuse myself from this case. Another cabinet member may submit a brief for the government if they so wish.
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Attorney General & PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,978
United States


Political Matrix
E: -1.42, S: -0.52

P P P
« Reply #1 on: March 26, 2024, 08:05:44 PM »

In my personal capacity, I would submit that the most logical reading of Article 2, Section 2, 1-3. of the Constitution is that it applies as of the time the vacancy is created, not at some later juncture. Laki resigned from the Senate Seat at 11:29:42 AM Eastern, before his deregistration at 11:30:23 AM Eastern. Therefore, at the time the vacancy was created, the HI Party was still a major party with 3 members, and therefore the responsibility for appointing a Senator was with the party executive, regardless of whether the party fell under major party status for a time at some later point. There was no party executive, therefore it fell to the party to elect one and then have that executive select a candidate. The executive was chosen by a majority of the members of the party and the executive appointed someone who was part of the party at that time.

I would remind the court that its precedent is to not involve itself in internal party deliberations, see Tack50 v Wulfric (2019): https://talkelections.org/FORUM/index.php?topic=436487.0 . People may not like the fact that the HI party had no established bylaws or chair, but it simply did not. People may surmise that ReallySuper had powers based on being the 'founder', but the constitution does not recognize that, only an 'executive', of which the party simply had none. People may not like the fact that a majority of members of the party during the raid did what they did, but the fact is there is nothing in the constitution or in the non-existent HI bylaws to prevent it, and therefore the court has no role to do so.

As far as the argument that there is no one named "Wulfric" on this site, I hereby certify under penalty of perjury to the court that Wulfric is my former username, as is an obvious recognized fact on this site. The intent of the post making the appointment is very clear as an appointment of myself. This site is littered with votes for me cast as "Dwarven", "Wulfric" or even my discord handle "Magmafeather", and numerous other users have had votes cast for them under nicknames as well, like people simply writing "Pyro" instead of PyroTheFox, "nerd" instead of Nerd73, and "lawer" or "Liminal" or "Classic Liminal" instead of Liminal Trans Girl. For the court to strike down the appointment on this basis would be to singlehandedly upend over a decade of precedent on this site regarding our wide latitude for  recongizing intent over being grammar nazis.

Thus, I would ask the court to deny the injunction and dismiss the case with full prejudice.
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Attorney General & PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,978
United States


Political Matrix
E: -1.42, S: -0.52

P P P
« Reply #2 on: March 27, 2024, 01:04:51 PM »

I hereby withdraw my previous brief. I instead submit to the court that we had no right to take over the convention from the party's founder or their designee in HL23, and therefore all actions that followed were invalid. I further submit to the court that I retain the viewpoint that the correct point of evaluation for how the vacancy should be filled is the party's status when the vacancy was created, and therefore the appointment of HL23 by defacto Chair ReallySuper, should be formally recognized as valid.
Logged
Attorney General & PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,978
United States


Political Matrix
E: -1.42, S: -0.52

P P P
« Reply #3 on: April 30, 2024, 10:58:41 PM »

In my capacity as Attorney General, I hereby recuse myself from this case. Another cabinet member may submit a brief for the government if they so wish.

As I no longer stand to gain any benefit from this case, I withdraw the recusal.

The office of the Attorney General would ask that this case be declared moot as the seat has been filled in a regularly scheduled election.
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