The Speech or Debate Clause: Recent Developments (CRS Report for Congress)
Premium Purchase PDF for $24.95 (20 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
Revised Aug. 16, 2007 |
| Report Number |
RL33668 |
| Report Type |
Report |
| Authors |
Todd B. Tatelman, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
-
Premium April 17, 2007 (20 pages, $24.95)
add
|
Summary:
The second Speech or Debate Clause question on which the courts have recentlyissued opinions concerns claims of employment discrimination brought againstMembers' offices pursuant to the Congressional Accountability Act of 1995. Boththe Tenth Circuit Court of Appeals and the D.C. Circuit have recently ruled that theSpeech or Debate Clause does not automatically prevent such suits from proceeding.In addition, an appeal to the Supreme Court has been rejected on the grounds that theCourt lacked a jurisdictional basis to decide the case. These decisions, however,appear to have left unanswered significant questions relating to the use andintroduction of evidence that may be related to "legislative acts" and, therefore,protected by the Speech or Debate Clause. Such questions could ultimately frustratethe ability of potential plaintiffs to pursue their claims.This report examines these recent developments in Speech or Debate Clausejurisprudence.
