[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[Senate]
[Page S7669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE LEGAL COUNSEL AUTHORIZATION
The resolution (S. Res. 661) to authorize representation by the
Senate Legal Counsel in the case of McCarthy v. Byrd, et al. was agreed
to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 661
Whereas, in the case of McCarthy v. Byrd, et al., Case No.
1:10-CV-03317, pending in the United States District Court
for the District of New Jersey, plaintiff has named as a
defendant the President Pro Tempore of the Senate; 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 and officers 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 Senator Inouye, the President Pro Tempore of the
Senate, in the case of McCarthy v. Byrd, et al.
Mr. REID. Mr. President, this resolution concerns a civil action
filed against the President pro tempore of the Senate and the Speaker
of the House of Representatives seeking to have the Federal courts
order Congress to pass legislation enacting the plaintiff's proposal to
purportedly save Social Security. This lawsuit seeking to compel the
Congress to take legislative action is not cognizable before the
Federal courts. This resolution authorizes the Senate Legal Counsel to
represent the President pro tempore, Senator Inouye, in this case and
to move for its dismissal.
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