RIDGEWAY SUPERIOR COURT
TOASTEDPUERI,
Petitioner,
v.
JOAOISHUMAN, in their official
capacity as Lieutenant Governor of the
State of Ridgeway,
Respondent.
Case No.
EMERGENCY MOTION FOR
PRELIMINARY INJUNCTION
MOTION FOR PRELIMINARY INJUNCTION
Plaintiff in the above entitled matter moves for a preliminary injunction directed at the
Lieutenant Governor preventing his order made in accordance with Rule 904 from taking effect
in light of the undeniable democratic interests.
ARGUMENT
In order to obtain a preliminary injunction, Plaintiff must demonstrate that “1) they are
likely to succeed on the merits; 2) they are likely to suffer irreparable harm without the
injunction; 3) the balance of equities and hardships is in favor of the plaintiff; and 4) whether that
injunction is in the public interest.” Largetitantic2 v. Nevplaysgames, 1 Rid. ____ (2023)(quoting
Winter v. Natural Resources Defense Council, Inc., 555 U. S. 7, 20 (2008)). Plaintiff satisfies
each prong.
Plaintiff is likely to succeed on the merits. As it stands, there are no legal qualifications
for an individual to run for Senate. This means that the Plaintiff, just as any other citizen, is
qualified to run and be elected into the office of a Senator. The Lieutenant Governor, however,
invoked a novel standard of “public interest” when he decided to order that the Petitioner would
not be seated in his lawfully won Senate seat. Petitioner will succeed on the merits because he
meets all of the legal qualifications and the Lieutenant Governor is incapable of suggesting that
there is a reasonable doubt as to these qualifications. Additionally, the case law is heavily in
Petitioner’s favor. It was the holding of the Court in Powell v. McCormack, 395 U.S. 486 (1969)
when they invoked the exact same language to dispel a Senator, that they must rely on the legal
qualifications, and could not subjectively determine for themselves that the Petitioner was
unqualified based upon some standard they created for themselves.
Petitioner will suffer irreperable harm if not for this injunction. The Senate is holding a
session tonight to decide the merits of his qualifications. If they rule against him it is impossible
for him to win his seat back because Rule 904 expressly denies appeal to any courts of law.
Within immediate action of this court, the Petitioner will lose his lawfully-won seat in Congress
and have no opportunity to seek redress in any court.
The balance of equities tips in the Petitioner’s favor. Petitioner is a qualified candidate
who ran for office and was elected squarely within the parameters of the law. The Senate has no
interest, except a political one, in having him removed. The Senate is not harmed by the presence
of a well-qualified voting member, in fact, just the opposite.
Finally, the injunction undoubtedly serves the public’s interest. The public voted for this
candidate, and he won lawfully because of the election. The Senate is attempting to subvert that
textbook democratic decision making process with the subjective votes of currently seated
members simply because they received a disfavorable outcome in the elections. Our
constitutional structure was not meant to be so fragile, and democracy clearly sides with the
Petitioner in this case. The people’s democratic interest in having their elected candidates seated
supports the Petitioner’s entitlement to preliminary injunction against the Lieutentant Governor
from enforcing the order that he has signed.
CONCLUSION
This court has the power and authority to determine the destiny of Democracy in this
State. But it must act swiftly and in favor of the Petitioner. Please grant this emergency
preliminary injunction.
Dated: January 16, 2023 Respectfully submitted.
CLIFFORD2
Counsel
10 000
TURNTABLE5000
Counsel
10 000
