Social:Motion to vacate
A motion to vacate is a formal proposal to 'vacate' (or reverse) the decision in a matter which had previously been formally ruled upon or decided.
Legal use
In the legal context, a motion to vacate is a formal request to overturn a court's earlier judgment, order, or sentence. This typically involves an attorney filing a written legal motion for consideration by a judge.
Parliamentary use
In a parliamentary context, as used in a legislative body, a motion to vacate is made by a member of the body to propose that the presiding officer (or 'chair') step down. That is commonly referred to as a "motion to vacate the chair".
In the U.S. House of Representatives
The use of a motion to vacate the chair has been very rare in the United States House of Representatives, where, under House rules, it is considered a privileged motion, meaning any Member can offer such a motion at any time, and the motion is subject to an immediate vote.[1]
In 2015, Representative Mark Meadows filed, as '"non-privileged," a motion to vacate the speakership of John Boehner.[2][3] Because Meadows had filed his motion as a '"non-privileged" motion, it was referred to the Rules Committee, instead of triggering an immediate floor vote.[3] The motion, however, contributed to the eventual resignation of Boehner in September 2015.[4]
A motion to vacate the chair had been attempted only once in the House of Representatives, in March 1910.[5]
See also
References
- ↑ Juana Summers (2015-03-07). "How To Oust A House Speaker (Hint: Don't Even Try)". https://www.npr.org/sections/itsallpolitics/2015/03/07/391374255/how-to-oust-a-house-speaker-hint-dont-even-try. Retrieved 2015-10-21.
- ↑ Mike DeBonis (2015-07-28). "GOP congressman launches bid to oust John Boehner as House speaker". https://www.washingtonpost.com/news/post-politics/wp/2015/07/28/rep-mark-meadows-makes-bid-to-oust-boehner-from-speakership/. Retrieved 2015-10-21.
- ↑ 3.0 3.1 Daniel Newhauser (2015-07-28). "Mark Meadows Tries to Boot Boehner From Speakership". http://www.nationaljournal.com/s/71110/mark-meadows-tries-boot-boehner-from-speakership. Retrieved 2015-10-21.
- ↑ Russell Berman (2015-09-25). "The Resignation of John Boehner". https://www.theatlantic.com/politics/archive/2015/09/john-boehner-will-resign-as-speaker/407374/. Retrieved 2015-10-21.
- ↑ "Fellow Republican Launches Bid to Oust Boehner as House Speaker". 2015-07-28. http://www.nbcnews.com/news/us-news/fellow-republican-launches-bid-oust-boehner-house-speaker-n400071. Retrieved 2015-10-21.
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