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The Judicial Council has accepted both of Ben's suits. Ben sought a summary judgment on an expedited schedule, so both parties have 48 hours to submit briefs, and after review, the Judicial Council will determine whether a hearing is necessary.

The Judicial Council has also issued preliminary injunctions staying the orders. In the Buenrostro injunction, the Judicial Council writes:

Moreover, because the ASUC Constitution states that the Judicial Council is "vested with the judicial authority of the Association" and frames its own "rules of procedure for the exercise of its responsibilities," the concerned Executive Order cannot overrule the Constitution in order to prevent the Council from exercising its judicial responsibilities.

The decision is responding to the EO's claims that the Judicial Council cannot deal with the issue until the fall semester starts, but I think it's clear what else it means, and it's pretty grim for SA. Then again, no one really thought these EOs would stand up in the Judicial Council, the real issue is whether the Judicial Council's rulings will be effective.

Also, for those of you into justice-counting, there were six, and the decision to accept and issue the injunctions was unanimous.

posted by Beetle Aurora Drake 6/27/2006 11:47:00 PM #
Comments (1)

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Comments:

Sorry to be a comment-monger. Just found today's developments so interesting.

I think the Judicial Council has to consider this an all-or-nothing play. If they lose this, they're basically done forever. No one will ever respect their decisions again. That's a little extreme, but I mean, why would Student Action ever pay attention to them again? Unless they succeeded in filling the council with cronies to rubber stamp their decisions.

That suggests to me that the Judicial Council should be willing to really go to bat for this. If they just stubbornly refuse to accept the new illegal administration, perhaps it would put a lot of pressure on the university to permanently resolve things so that we didn't have a year where one branch of government completely refused to accept the other. If they back down, they're done, so unless they can cook up some amazing compromise, they should probably say to themselves "No point chickening out now."

# posted by  Anonymous : 1:47 AM, June 28, 2006

 

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