[Congressional Record Volume 156, Number 10 (Tuesday, January 26, 2010)]
[Senate]
[Pages S260-S261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 398 submitted earlier 
today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 398) to authorize representation by 
     the Senate Legal Counsel in the case of Schonberg, et al. v. 
     Sanders, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a civil action 
filed by two individuals against five Senators, two Representatives, 
and the Federal Election Commission. Plaintiffs' challenge rests on 
their claim to a right that Congress pass health care legislation that 
would benefit them. Plaintiffs' legal claim is that the Federal 
Election Campaign Act's designation of Members of Congress as agents of 
their

[[Page S261]]

campaign committees violates the Constitution's prohibition on Members 
of Congress holding any other office under the United States while 
serving in the Congress.
  Plaintiffs' complaint over the legislative actions of Senators is not 
cognizable before the courts. In addition, Senators' involvement with 
their campaign committees does not constitute holding an office of the 
United States and does not violate the Constitution.
  This resolution authorizes the Senate Legal Counsel to represent the 
Senators named as defendants in this case and to move for its 
dismissal.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, the motions to 
reconsider be laid upon the table, with no intervening action or 
debate, and any statements relating to the resolution be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 398) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 398

       Whereas, in the case of Schonberg, et al. v. Sanders, et 
     al., Case No. 5:09-CV-534, pending in the United States 
     District Court for the Middle District of Florida, plaintiffs 
     have named as defendants five Senators; and
       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 defend 
     Members of the Senate in civil actions relating to their 
     official responsibilities: Now therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senators Lieberman, Lincoln, McConnell, McCain, and 
     Sanders in the case of Schonberg, et al. v. Sanders, et al.

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