Common Cause v. Biden
2012 U.S. Dist. LEXIS 180358
D.D.C.2012Background
- Plaintiffs include Common Cause, four House Members, and DREAM Act Plaintiffs suing to challenge Senate Rule XXII (Cloture) and Rule V as unconstitutional.
- Plaintiffs seek declaratory judgment that Rule XXII violates majority-rule principles and, alternatively, that Rule V cannot bar simple-majority rule changes.
- Defendants move to dismiss under Rule 12(b)(1) asserting lack of standing, Speech or Debate Clause bar, and non-justiciable political question.
- Court states Cloture Rule is important but dismisses for lack of standing and for political-question concerns, preventing judicial review.
- Historical background: Cloture Rule evolved from 1917 to 1975 change to 60 votes; Rule V continues from one Congress to the next.
- Court emphasizes lack of constitutional directive guaranteeing majority rule and separation-of-powers concerns regarding judicial intervention in Senate proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge cloture and senate rules | Plaintiffs claim procedural and Article III standing. | Defendants contend plaintiffs lack standing. | Plaintiffs lack standing; case dismissed. |
| Political Question doctrine bars review | Plaintiffs argue issues are justiciable declaratory questions. | Defendants argue issues are political questions. | Case dismissed as non-justiciable political question. |
Key Cases Cited
- Powell v. McCormack, 395 U.S. 486 (1969) (justiciability of House rule-related challenges when constitutional limits apply)
- Nixon v. United States, 506 U.S. 224 (1993) (textual commitment of impeachment-trial power to Senate; limits on judicial review of internal rules)
- Chadha, 462 U.S. 919 (1983) (one-house veto challenged as constitutional; judicial review of congressional action contexts)
- Ballin, 144 U.S. 1 (1892) (Congressional rulemaking power subject to constitutional restraints; determines quorum rules)
- Raines v. Byrd, 521 U.S. 811 (1997) (standing concerns when injury is to legislative power; separate considerations for voting injuries)
- United States v. Smith, 286 U.S. 6 (1932) (limits on Senate rulemaking within constitutional restraints)