Lawsuit: Dismissed xEndeavour v. Milkcrack [2024] FCR 5

[End]

EMERGENCY INJUNCTION

With less than 10 hours to go until the Senate retires, the Senate President has taken it upon themselves to interpret their duties to include denying motions which they deem to be unconstitutional. I put it to the Court that the President of the Senate intended to vote nay on the motion and that they are aware that the motion has enough support to pass, which is against their political interests.

The Senate President does not have the authority to withhold a motion which they deem personally unconstitutional and I request that the Court compel:
a. the Senate President to post the motion to end the impeachment trial; and
b. for the Senate to stay in session until the vote on the motion has been voted on.

The Senate President is not the judge jury and executioner, they are the steward of the will of the Senate and this action goes against the duties legally prescribed to them.

Political remedies are not appropriate in this instance noting that the President of the Senate can be VONC'd, but then requires a new election orchestrated by the President.

Case to follow upon granting of injunction.

 

[End]

Evidence:

 

[Milkcrack]

MOTION TO RECUSE
In accordance with section 16 of the Judicial Standards Act, I ask for RelaxedGV to be recused from making a verdict on this case given the relationship between xEndeavour and RelaxedGV as well as the numerous comments RelaxedGV has already made on this issue in #politics.

 

[Dartanboy]

MOTION TO RECUSE
In accordance with section 16 of the Judicial Standards Act, I ask for RelaxedGV to be recused from making a verdict on this case given the relationship between xEndeavour and RelaxedGV as well as the numerous comments RelaxedGV has already made on this issue in #politics.

RelaxedGV was not assigned.

Edit for clarity:
RelaxedGV was not assigned to this case. He is still being assigned cases in the Federal Court.

 

[End]

Additional Evidence:
The LSA outlines what the purpose of a motion is and does not specify that the Presiding Officer has discretion over whether they believe the motion is constitutional. This matter is extremely politically charged and arguments regarding its constitutionality vary and are extremely subjective.

(1) A motion is moved in Congressional channels. It is simply a message seeking the approval or disapproval of Congress such as:
I move a motion of no confidence against xEndeavour for...
I would like to move a censure motion against xEndeavour for...
Motion: Appoint xEndeavour as the replacement representative for VeryBadRepresentative42069.
a. Motions will be allowed to be re-voted on twice in case of tie or rejection, otherwise a period of 14 days will need to elapse before it can be put forward again.
d. Any member of the public, at any time, may request the ayes, nays, and abstains of a non-classified Congressional motion, which the Office of Presiding Officers shall be obligated to provide. This shall not apply to motions on which votation is ongoing.

 

[Neemfy]

Because MilkCrack was acting in a Government capacity and the injunction directly impacts the Senate, this injunction and subsequent lawsuit should be filed against the Commonwealth. I am dismissing this case without prejudice, and requesting it to be refiled against the Commonwealth.