A splintered en banc panel of the U.S. Court of Appeals for the D.C. Circuit unanimously concluded that the Speech and Debate Clause does not require the dismissal of suits against Congressional offices filed under the Congressional Accountability Act. Judge Randolph delivered the opinion of the court and wrote an opinion joined by Chief Judge Ginsburg and Judges Tatel and Henderson. Judge Rogers wrote a separate opinion concurring in part and concurring in the judgment, and Judge Brown wrote an opinion concurring in the judgment joined by Sentelle and Griffith. Judge Tatel also wrote a concurrence stressing the commonalities among the opinions. No single rationale commanded a majority of the court, but the decision allows employment lawsuits against the offices of Representative Eddie Bernice Johnson and Senator Mark Dayton to proceed.
Employees May Sue Congressional Offices: