New Filing in Dayton

On Tuesday, this Appellant’s Brief and this Joint Appendix were filed in the case of Office of Senator Mark Dayton v. Hanson. Jean Manning, the Senate Chief Counsel for Employment, is counsel of record, and with her on the brief are Toby Hyman, Claudia Kostel, and Dawn Bennett-Ingold, all with her office. Several attorneys at Akin Gump also consulted in the drafting of the brief.

The case is set for oral argument on April 24; the questions presented are after the jump.

“1. 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?

The Court directed the parties to brief the following additional questions:

2. 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?

3. Was this case rendered moot by the expiration of the term of office of Senator Dayton?”