Number: RL33668
Title: The Speech or Debate Clause: Recent Developments
Authors: Todd B. Tatelman, American Law Division 
Abstract: The second Speech or Debate Clause question on which the courts have recently issued opinions concerns claims of employment discrimination brought against Members' offices pursuant to the Congressional Accountability Act of 1995. Both the Tenth Circuit Court of Appeals and the D.C. Circuit have recently ruled that the Speech or Debate Clause does not automatically prevent such suits from proceeding. In addition, an appeal to the Supreme Court has been rejected on the grounds that the Court lacked a jurisdictional basis to decide the case. These decisions, however, appear to have left unanswered significant questions relating to the use and introduction of evidence that may be related to "legislative acts" and, therefore, protected by the Speech or Debate Clause. Such questions could ultimately frustrate the ability of potential plaintiffs to pursue their claims. This report examines these recent developments in Speech or Debate Clause jurisprudence.
Pages: 20
Date: August 16, 2007