Does the Speech or Debate Clause of the U.S. Constitution, U.S. CONST. art. I, § 6, cl. 1, bar federal court jurisdiction of an action brought under the Congressional Accountability Act of 1995, 2 U.S.C. §§ 1301-1438 (2000), by a congressional employee whose job duties are part of the due functioning of the legislative process?Question:
1) Does the Speech or Debate Clause of the U.S. Constitution bar federal court jurisdiction of suits under the Congressional Accountability Act of 1995 by congressional employees whose job duties are part of the due functioning of the legislative process? 2) Was the Office of Senator Mark Dayton entitled to appeal the judgment of the U.S. Court of Appeals for the District of Columbia Circuit directly to the Supreme Court? 3) Was the case rendered moot by the expiration of Senator Dayton's term of office?Note:
FURTHER CONSIDERATION OF THE QUESTION OF JURISDICTION IS POSTPONED TO THE HEARING OF THE CASE ON THE MERITS. IN ADDITION TO THE QUESTION PRESENTED BY THE STATEMENT AS TO JURISDICTION, COUNSEL ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTIONS: 1) WAS THE OFFICE OF SENATOR MARK DAYTON ENTITLED TO APPEAL THE JUDGMENT OF THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DIRECTLY TO THIS COURT? 2) WAS THIS CASE RENDERED MOOT BY THE EXPIRATION OF THE TERM OF OFFICE OF SENATOR DAYTON? THE CHIEF JUSTICE [ROBERTS] TOOK NO PART.