No. 23-755

Andrew S. Clyde, Individually and in His Official Capacity as a Member of the U.S. House of Representatives, et al. v. William McFarland, in His Official Capacity as Sergeant at Arms of the U.S. House of Representatives, et al.

Lower Court: District of Columbia
Docketed: 2024-01-12
Status: Denied
Type: Paid
Experienced Counsel
Tags: congressional-immunity congressional-rules constitutional-interpretation constitutional-violations judicial-review jurisdiction legislative-immunity legislative-procedure separation-of-powers speech-or-debate-clause twenty-seventh-amendment
Latest Conference: 2024-04-12
Question Presented (from Petition)

1. Whether the Speech or Debate Clause creates a jurisdictional bar to judicial consideration of whether internal congressional rules or practices violate other textual provisions of the Constitution?

2. Whether the immunity from suit created by the Speech or Debate Clause extends to administrative functions within Congress like payroll deductions and floor security that are not core legislative activities?

3. Whether the Twenty-Seventh Amendment to the Constitution prohibits the U.S. House of Representatives from reducing Members' compensation by deducting punitive fines from their salaries before the Members receive those salaries?

Question Presented (AI Summary)

Whether the Speech or Debate Clause creates a jurisdictional bar to judicial consideration of whether internal congressional rules or practices violate other textual provisions of the Constitution?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2024-03-13
Brief of respondents William McFarland, in His Official Capacity as Sergeant at Arms of the U.S. House of Representatives, et al. in opposition filed.
2024-01-30
Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2024.
2024-01-29
Motion to extend the time to file a response from February 12, 2024 to March 13, 2024, submitted to The Clerk.
2024-01-10
Petition for a writ of certiorari filed. (Response due February 12, 2024)

Attorneys

Andrew Clyde, et al.
Earl Neville Mayfield IIIJuris Day, PLLC, Petitioner
Walker, William J., et al.
Elizabeth B. PrelogarSolicitor General, Respondent
William McFarland, in His Official Capacity as Sergeant at Arms of the U.S. House of Representatives, et al.
Matthew B. BerryOffice of General Counsel, Respondent