Student Court Upholds ASG Veto Power

Santa Clara University’s Student Court ruled on May 21 that Student Body President Claire Krebs acted within her authority when she vetoed the Student Senate’s decision to deny two provisional student organizations full recognition. The decision kept alive bids by Friends of MSF and the American Lung Cancer Screening Initiative to move from Provisional Student Organization status to Registered Student Organization status. The ruling ended a challenge brought by Herb Schreib, the Associated Student Governments’ web development chair, who argued Krebs could not veto a failed approval vote. The court said the Senate’s April 30 action counted as an official Senate act and could therefore be vetoed. ### Which two student groups were at the center of the case? Friends of MSF and the American Lung Cancer Screening Initiative were the two groups seeking Registered Student Organization status. According to testimony reported by The Santa Clara, Friends of MSF president Lucy Lamoureux said the club would educate students about humanitarian crises, global health and international aid work. Giovanni Choto, co-president of the American Lung Cancer Screening Initiative, said his group would focus on early detection and awareness around smoking- and vaping-related risks. Santa Clara University’s Center for Student Involvement says ASG reviews and votes on the newest cohort of RSOs every spring quarter. RSO status carries access to university recognition and benefits that provisional groups do not automatically receive, according to the court challenge coverage and university student-organization materials. ### What exactly did Claire Krebs veto? Claire Krebs issued the veto on May 7 after the Student Senate voted on April 30 against granting the two groups full status. (thesantaclara.org) Krebs said during the court hearing that senators had made comments about the organizations’ motives that were “entirely unsubstantiated, irrelevant and unfair.” She said she used the veto to give the Senate another chance to discuss the applications and to give the groups “another chance” at recognition. (scu.edu) Herb Schreib argued that the president’s veto power applies only to legislation passed by the Senate, not to a vote that failed to approve something. He said Krebs should have pursued a court petition instead of a veto. Krebs responded that the Senate’s action had concrete effects because it blocked the organizations from obtaining the funding, event privileges and other benefits that come with RSO status. (thesantaclara.org) ### Why did the court side with the president? The May 21 ruling said the Senate’s vote to deny RSO status was an official Senate act subject to veto. The court wrote that a Senate act includes “any outcome produced through a valid vote, including denials.” On that basis, the court rejected Schreib’s argument that Krebs had exceeded her constitutional authority. (thesantaclara.org) The court also rejected Schreib’s broader separation-of-powers argument. According to the ruling summarized by The Santa Clara, the judges said the Senate still had the option to override the veto by supermajority vote and chose not to do so. The court’s written conclusion stated: “The Presidential veto is UPHELD.” ### What did the judges say about the Senate’s debate? (thesantaclara.org) Chief Justice Bea Ricafort said during the May 21 Senate meeting that the court viewed the veto as part of ASG’s checks-and-balances system. Ricafort also criticized the way senators handled the original vote on the two groups. “This is not a disagreement problem,” Ricafort said. “This is an engagement problem.” (thesantaclara.org) Ricafort said senators should ask more questions before voting on measures with direct consequences for student organizations. Her remarks echoed Krebs’ criticism that the earlier discussion relied on speculation rather than substantiated concerns about the clubs themselves. ### What happens next for the two clubs? The court’s decision leaves Krebs’ veto in place, which means the two organizations remain eligible for another path toward full Registered Student Organization recognition. (thesantaclara.org) The Santa Clara reported that the Senate later voted unanimously to uphold the veto while allowing the constitutional dispute to go forward in court. Santa Clara University’s student-organization office says new RSOs are reviewed in spring quarter, and ASG’s Senate recordings archive says students can request access to meeting recordings through ASG advisor Tedd Vanadilok. The hearing coverage also said results would be posted on ASG’s website under the news tab. (scu.edu) (thesantaclara.org)