[Congressional Record (Bound Edition), Volume 151 (2005), Part 11]
[Senate]
[Page 15317]
[From the U.S. Government Publishing Office, www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  The resolution (S. Res. 188) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 188

       Whereas, the United States Congress has been named as a 
     defendant in the case of LaFreniere v. Congress of the United 
     States, Civ. No. 05-1368, pending in the United States 
     District Court for the Northern District of California;
       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 
     in civil actions the Senate when there is placed in issue the 
     validity of any action taken by the Senate in its official 
     capacity;
       Whereas, pursuant to section 708(c) of the Ethics in 
     Government Act of 1978, 2 U.S.C. Sec. 288g(c), the Senate may 
     direct its counsel to perform other duties: Now, therefore, 
     be it
       Resolved, That the Senate Legal Counsel, in conjunction 
     with counsel for the House of Representatives, is authorized 
     to represent the United States Congress in the case of 
     LaFreniere v. Congress of the United States.

   Mr. FRIST. Mr. President, this resolution concerns a pro se civil 
action filed against the Congress. The plaintiff contends that article 
III, Sec. 2, cl. 1, of the Constitution, which extends the judicial 
power to all cases arising under the Constitution, ``preempts'' the 
later ratified 11th amendment to the Constitution, which affords the 
States an immunity from certain suits. Plaintiff seeks a judicial order 
directing the Congress to rescind the 11th amendment and $30 million in 
damages.
  This suit is subject to dismissal on numerous threshold grounds, 
including lack of constitutional standing, sovereign and legislative 
immunity, and the political question doctrine, as well as on the 
merits. This resolution authorizes the Senate Legal Counsel, in 
conjunction with counsel for the House of Representatives, to represent 
the Congress in this suit and to move for its dismissal.

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