[Congressional Record Volume 156, Number 46 (Tuesday, March 23, 2010)]
[Senate]
[Page S1921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 467 submitted 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 467) to authorize representation by 
     the Senate Legal Counsel in the case of Sollars v. Reid, et 
     al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. McCONNELL. Mr. President, this resolution concerns a civil action 
filed against eight Senators for actions taken in their official 
capacity as legislators in the process of considering health care 
legislation. This lawsuit is not cognizable before the federal courts. 
The actions at issue in this case are part of the legislative process 
and are not subject to review by the courts. This resolution authorizes 
the Senate Legal Counsel to represent the Senators named as defendants 
in this case and to move for its dismissal.
  Mr. BROWN of Ohio. I ask unanimous consent that the resolution be 
agreed to, the preamble be agreed to, the motion 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. 467) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 467

       Whereas, in the case of Sollars v. Reid, et al., Case No. 
     1:09-CV-361, pending in the United States District Court for 
     the Northern District of Indiana, plaintiff has named as 
     defendants eight 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 all defendant Senators in the case of Sollars v. 
     Reid, et al.

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