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The motion to vacate is a rarely used procedural tool – and McCarthy is the only speaker to have been ousted through the passage of a resolution to remove them. But threats over its use can be a ...
On October 2, Gaetz, a member of the Freedom Caucus, filed a motion to vacate. Following an unsuccessful motion to table by Representative Tom Cole, Republican Chair of the Rules Committee, Republican representatives debated McCarthy's speakership on the House floor. When the time for debate expired, the House voted to remove McCarthy, with ...
Robert's Rules of Order Newly Revised allows this motion to be used if the occupant of the chair is not the regular presiding officer of a society, in which case it is a question of privilege affecting the assembly. [1] If the chair is the regular presiding officer, the motion to declare the chair vacant cannot be used. [2]
Kevin McCarthy has for now lost the House speaker’s gavel in an historic moment on the heels of a showdown on Capitol Hill over government funding.
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
The pressure surrounding the looming motion-to-vacate vote is rising as Greene seeks to tie the outcome to next year’s House majority. The firebrand argued Wednesday that Republicans will lose ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
What appears to be a draft of a motion to vacate the House Speaker written by Florida Rep Matt Gaetz was found in a men’s restroom below the House floor, according to a report.