On the recordJuly 19, 2001
two Republican voters in Pennsylvania have commenced a civil action against Senator Jeffords in federal district court in the District of Colombia to challenge Senator Jeffords' recent decision to become an Independent and to caucus with the Democratic party for organizational purposes within the Senate. Specifically, this lawsuit seeks ``to assert the invalidity of Senator Jeffords change of party by mere announcement'' and requests a court order requiring Senator Jeffords ``to reinstate his status as a Republican Senator'' particularly ``during the Senate polling and caucusing of its members.'' Through this action, the plaintiffs seek to subject to judicial control a Senator's choice of with which Senators to caucus, as well as the process by which the Senate chooses its officers and the chairs of its committees. This attempt to question a Senator in court about the performance of his legislative responsibilities in the Senate is barred by the Speech or Debate Clause of the Constitution, which commits such oversight of Senators to the electorate, not to the judiciary. This suit also runs afoul of the clauses of the Constitution that commit to each House of Congress the responsibility to elect officers and determine the rules of its proceedings.
Source
govinfo.gov




