Office of Senator Mark Dayton v. Hanson
Issues
Does a member of Congress have immunity under the Speech or Debate Clause against a an employment suit brought under the Congressional Accountability Act by a member of his former congressional staff and can such a dispute be appealed directly to the Supreme Court from a circuit court and heard even after the member of Congress has left office?
After a leave of absence, necessitated by health problems, from his position as a State Office Manager for Senator Dayton Brad Hanson was fired. He subsequently sued his former employer for discrimination on the basis of a disability and for failure to pay overtime compensation under the Congressional Accountability Act. Dayton argued, and continues to argue before the Supreme Court, that the Speech or Debate Clause of the Constitution grants him immunity from this action and therefore the suit must be dismissed. This case will turn on the issue of whether an administrative or personnel decision, such as firing an employee, is a legislative act within the meaning of the Clause. To reach that issue, however, the Court will first have to decide whether the CAA entitles Dayton to take a direct appeal from a court of appeals to the Supreme Court, rather than file for a writ of certiorari, and also whether the case has been rendered moot since one party to the action – the Office of Senator Mark Dayton – ceased to exist when Dayton’s term expired.
Questions as Framed for the Court by the Parties
Does the Speech or Debate Clause of the U.S. Constitution 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:
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?
Was this a case rendered moot by the expiration of the term of office of Senator Dayton?
Brad Hanson worked as a State Office Manager for Senator Dayton, a former Senator for the state of Minnesota. Brief for Appellant at 5. Hanson’s primary duties included setting up the Senator’s local Minnesota offices and overseeing the Health Care Help Line, a service to constituents experiencing problems with their health insurance carrier. Hanson v. Office of Senator Mark Dayton, 459 F.3d 1, 6 (C.A.D.C. 2006).