OPINIONS & RULINGS

2024-2025 OPINIONS & RULINGS

OPINIONS & RULINGS ARCHIVE

2022-2023 Opinions & Rulings

[May] – Comments and Clarifications on Constitution Article VII, Section 1.b – Judicial Board Applications and Confirmations

[May] – Comments and Clarifications on Constitution Article XII, Section 3.b.3 and Bylaws Article XII, Section A.2 – Membership of the Joint Committee on Governance and Internal Policy

[March] Comments and Clarifications on Constitution Article VI, Section 2.b – ASUCI Stances

Rulings

None at this time.

Elections Rulings

None at this time.

Injunctions & Orders

Injunction 01 – February 4, 2023 – Temporary Injunction on Senate Legislation

  • “Therefore, as per the ASUCI Constitution and Judicial Board Policies, the Judicial Board shall place an injunction on any Senate legislation not related to the appointment of a Judicial Board Justice. This injunction is automatically lifted when a four-person quorum has been established on the Judicial Board.”

2021-2022 Opinions & Rulings

[October] – Statement on the Vacant Position of Elections Commissioner

Rulings

December 12, 2021 – Wei v. Shahrood

Election Rulings

None at this time.

Injunctions & Orders

Injunction 01 – November 9, 2021 – Preliminary Injunction on the ASUCI Senate

  • “The Judicial Board unanimously agrees to place an injunction on any Senate activity not related to the appointment of a new Elections Commissioner, until an Elections Commissioner has been appointed.”

Injunction 02 – December 1, 2021 – Preliminary Injunction on the ASUCI Presidential Recall Process

  • “The Judicial Board hereby orders that an injunction be placed on the ASUCI Special Recall Election, the President Recall Election, Senate legislation R57-54, and any actions taken by the Elections Commission, or any other ASUCI official, to advance the recall process. This injunction will stay in effect until a preliminary hearing is held, at which point the Judicial Board may choose to extend the injunction, or let it expire.”

2020-2021 Opinions & Rulings

[April] – Comments and Clarifications on “Amendment to the Bylaws : Fair Representation in the Senate”

Rulings

March 12, 2021 – ASUCI Senate v. Pavey et al.

November 14, 2020 – Pavey v. Robb et al.

October 26, 2020 – Wang v. Robb et al.

October 14, 2020 – Pavey v. Drevahl et al.

Election Rulings

None.

Injunctions & Orders

Injunction 01 – July 18, 2020 – Preliminary Injunction on R56-09

  • “Therefore, the Judicial Board, by a unanimous consensus, in order to properly examine the issue, and pursuant to our authority under §7.1.4.1 of the Judicial Code, hereby enjoin the Senate to rescind or postpone the proposal of R56-09, subject to the findings of our board.”

Injunction 02 – July 19, 2020 – Injunction 02: Pavey et al. v. Robb et al.

  • “Today we find the actions of the ASUCI Senate to be unconstitutional and order the halt of those actions immediately on the grounds of contempt of judicial authority. In short, by ignoring an explicitly issued order, the defendants ran afoul with the Judicial Board’s enumerated powers.”

Injunction 03 – October 5, 2020 – Preliminary Injunction on R56-19

  • “Therefore, the Judicial Board, by a unanimous consensus, in order to properly examine the issue, and pursuant to our authority under §7.1.4.1 of the Judicial Code, hereby enjoins the Senate to rescind or postpone the proposal of R56-19, subject to the findings of our board.”

Injunction 04 – October 6, 2020 – Injunction 04: Mansfield v. ASUCI Senate et al.

  • “Today we find the actions of the ASUCI Senate to be unconstitutional and order the halt of those actions immediately on the grounds of contempt of judicial authority. In short, by ignoring an explicitly issued order, the defendants ran afoul with the Judicial Board’s enumerated powers.”

Injunction 05 – October 6, 2020 – Preliminary Injunction on R56-22 and R56-23

Injunction 06 – October 27, 2020 – Preliminary Injunction on R56-34

  • “Therefore, for the aforementioned reasons and under my statutory power derived under the ASUCI Bylaws, I hereby order implementation of this legislation immediately halted, pending a full hearing.”

Injunction 07 – November 2, 2020 – Preliminary Injunction on R56-38

  • “Therefore, the Judicial Board, in order to properly examine the issue, and pursuant to our authority under §7.1.4.1 of the Judicial Code, hereby enjoins the Senate to rescind or postpone the proposal of R56-38, subject to the findings of our board. This injunction shall be set to expire Monday, November 9th, at 11:59 PM, unless extended as specified.”

Injunction 08 – November 3, 2020 – Preliminary Injunction on R56-35

  • “Therefore, as Chief Justice, in order to properly examine the issue, and pursuant to my authority under §7.1.4.1 of the Judicial Code, [I] hereby enjoins the Senate to rescind or postpone the proposal of R56-35, subject to the findings of our board. This injunction shall be set to expire Monday, November 9th, at 11:59 PM, unless extended as specified.”

2019-2020 Opinions & Rulings

[November] – Judicial Ruling on R55-18: Appointment of Senate Secretary

[October] – Judicial Ruling on R55-10: Fall 2019 Senate Standing Committee – Composition Amendment”

Dissenting Opinion (Lin, J., joined by Abundis, C.J., Anayat, J., Bunda, J., and Gerald, J.) – [October] – Judicial Dissent on R55-04: “Appointment of Executive Cabinet Staff”

[May] – Judicial Ruling on R54-116: STIP vs. Reserves Training for Senators During Senate Orientations

[Month] – Judicial Opinion on Amicus Curiae: Powers of the Rules Committee

Rulings

May 27, 2020 – ASUCI Senate v. Yan

May 17, 2020 – Janani v. ASUCI Senate

April 17, 2020 – Knight et al. v. Elections Commission

Elections Rulings

April 27, 2020 – Wolfe v. Sparks

April 23, 2020 – Dang v. Fund the Clubs II

April 23, 2020 – Dang v. Fund the Clubs

April 23, 2020 – Dang v. Mendez

April 23, 2020 – Flores v. Fund the Clubs

April 23, 2020 – Kloesel v. Anteaters for Anteaters

April 23, 2020 – Lee v. Knight II

April 23, 2020 – Lee et al. v. Knight

April 23, 2020 – Patel v. Quach

April 23, 2020 – Pham v. Fund the Clubs

April 23, 2020 – Vuong v. Mendez

April 17, 2020 – Safa v. Fund the Clubs

Injunctions & Orders

None at this time.

2015-2016 Opinions & Rulings

March 10, 2016 – Judicial Ruling on R51-62

Dissenting Opinion (Barton, J.) – February 10, 2016 – Judicial Dissent on R51-49

Dissenting Opinion (Shantharaj, J.) – December 3, 2015 – Judicial Dissent on R51-33

December 3, 2015 – Judicial Ruling on R51-32

November 18, 2015 – Judicial Ruling on R51-27

Rulings

March 15, 2016 – Decision on Formal Hearing of R51-63 & R51-65

Elections Rulings

None at this time.

Injunctions & Orders

None at this time.

Judicial Oversight Committee Rulings

None at this time.

2014-2015 Opinions & Rulings

February 7, 2015 – Statement on R50-32

February 7, 2015 – Statement on R50-17

February 4, 2015 – Judicial Ruling on R50-47

January 16, 2015 – Judicial Ruling on R50-27

December 11, 2014 – Judicial Ruling on R50-07

Judicial Ruling on R50-04

Rulings

None at this time.

Elections Rulings

None at this time.

Injunctions & Orders

None at this time.

Judicial Oversight Committee Rulings

None at this time.

2013-2014 Opinions & Rulings

May 19, 2014 – Judicial Ruling on R49-90

April 16, 2014 – Judicial Ruling on R49-81

April 15, 2014 – Judicial Ruling on R49-73

April 15, 2014 – Judicial Ruling on R49-66

March 6, 2014 – Judicial Ruling on B49-14

March 6, 2014 – Judicial Ruling on R49-54

February 24, 2014 – Judicial Ruling on R49-57

December 12, 2013 – Judicial Ruling on R49-46

December 12, 2013 – Judicial Ruling on B49-11

November 25, 2013 – Judicial Ruling on B49-08

Rulings

None at this time.

Elections Rulings

None at this time.

Injunctions & Orders

None at this time.

Judicial Oversight Committee Rulings

None at this time.

2012-2013 Opinions & Rulings

November 29, 2012 – Regarding R48-15 Divestment from Companies that Profit from Apartheid

Judicial Memorandum on B48-09

Rulings

March 1, 2013 – Patel v. Bautista et al.

February 27, 2013 – Siddiqui v. Shalabi

Elections Rulings

March 13, 2013 – ASUCI Elections Commission Ruling on “SAVE THE SHUTTLES: Bus Love Initiative”

Injunctions & Orders

None at this time.

Judicial Oversight Committee Rulings

None at this time.

2011-2012 Opinions & Rulings

Siddiqui v. Reyes, et al.*

Rulings

May 13, 2012 – Klauschie v. The Green Initiative Fund (TGIF)

Elections Rulings

May 4, 2012 – Khorsandi v. ASUCI Elections Commission

Kunitskiy v. ASUCI Elections Commission

Doan v. ASUCI Elections Commission

Injunctions & Orders

Injunction 01 – October 3, 2011 – Injunction on R46-100, All ASUCI Meetings

Judicial Oversight Committee Rulings

None at this time.

2010-2011 Opinions & Rulings

None at this time.

Rulings

None at this time.

Elections Rulings

April 29, 2011 – Klauschie v. ASUCI Elections Commission

Injunctions & Orders

None at this time.

Judicial Oversight Committee Rulings

None at this time.