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In re Senate’s Motion to Repeal Executive Order 2025 SDSC 38

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In re Senate’s Motion to Repeal Executive Order [2025] SDSC 38

Date of judgment 31st December 2025
Justices

Chief Justice Ed
Justice TheLittleSparty
Justice Ivy Cactus
Justice Literal
Justice Britz

Held The Senate cannot repeal Executive Orders
Ruling 5-0
Applicable precedent
  • The Senate lacks authority to repeal Executive Orders, but may amend statute to nullify effects of such an order. [6-7]

MAJORITY OPINION by Chief Justice Ed

(with Justice TheLittleSparty, Justice Ivy Cactus, Justice Literal and Justice Britz agreeing)

Introduction

[1] Petitioner seeks review of a Senate motion to repeal an Executive Order issued by the Vice President and has requested an injunction on the motion, which the Court granted.

Summary of Petition

[2] The petitioner asserts that the Senate would act ultra vires if it were to repeal an Executive Order, arguing that Article 7, §3.1 of the Constitution places Executive Orders within the hierarchy of executive authority and reserves repeal only to officials of equal or higher rank.

Summary of Response

[3] The case was heard summarily by the Court, and as such invited no response.

Ambit of the Petition

[4] The Court is then faced with the question of whether the Senate can repeal Executive Orders. Article 7, §3.1 of the Constitution defines Executive Orders and sets out who may repeal them:

“§3.1. Written orders from a member of the executive to their subordinates shall be known as “executive orders”, and are binding on said subordinates until stricken by an official of equal or higher authority, regardless of whether the employee who penned them was replaced.”

[5] The Constitution provides no mechanism for the Senate to repeal an Executive Order, nor does it vest the Senate with any form of executive authority that would place it within the hierarchy described in Article 7.

[6] A Senate motion to repeal an Executive Order would therefore constitute an unconstitutional exercise of power not granted to the Senate by the Constitution.

[7] This holding does not prevent the Senate from limiting or nullifying the effects of an Executive Order by repealing or amending statutes from which such an order derives its authority.

Verdict

[8] The Senate cannot repeal Executive Orders.

Citations

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