[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[Senate]
[Page 16749]
[From the U.S. 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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