[Congressional Record Volume 148, Number 41 (Monday, April 15, 2002)]
[Senate]
[Pages S2686-S2687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               REPRESENTATION BY THE SENATE LEGAL COUNSEL

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 240 submitted earlier today by 
Senator Nickles and myself.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 240) to authorize representation by 
     the Senate Legal Counsel in Aaron Raiser v. Honorable Tom 
     Daschle, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Madam President, a resident of Utah has commenced a civil 
action against the Senate, Senator Daschle, and Senator Lott in Federal 
court in Utah to challenge the Senate's procedures for handling 
judicial nominations. Specifically, the plaintiff alleges that the 
practice of nominations that have not been reported out of committee 
over the past 5 years not being voted on by the full Senate violates 
the Senate's constitutional duty to advise and consent to nominations. 
The plaintiff asks the court to order the Senate to change its rules 
for considering judicial nominations.
  The Senate's practices for handling controversial nominations present 
a subject appropriate for robust debate both within the Senate and 
among the public at large. However, they do not present a justiciable 
issue for the courts in this case. This resolution would authorize the 
Senate Legal Counsel to represent the defendants in this action to 
protect the Senate's prerogative to fashion its own rules for the 
exercise of its confirmation duties under the Constitution.
  Mr. REID. Madam President, I ask unanimous consent that the 
resolution

[[Page S2687]]

and preamble be agreed to, en bloc, the motion to reconsider be laid on 
the table, and that any statements relating thereto be printed in the 
Record with the above occurring without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 240) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 240

       Whereas, the Senate, Senator Tom Daschle, and Senator Trent 
     Lott have been named as defendants in the case of Aaron 
     Raiser v. Honorable Tom Daschle, et. al., Case No. 01CV894B, 
     now pending in the United States District Court for the 
     District of Utah;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1), the Senate may direct its counsel to 
     represent the Senate and its Members in civil actions with 
     respect to proceedings or actions taken in their official 
     capacities; Now, therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent the Senate, Senator Tom Daschle, and Senator Trent 
     Lott in the case of Aaron Raiser v. Honorable Tom Daschle, 
     et. al.

                          ____________________