Writ of Certiorari for SCOTUS

[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.

[bullmoose88]

Your honors,

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

[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.

[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.

[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.

[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.