Read on Twitter
A political lawsuit? In *my* Virginia?
Let’s take a quick peek.
1/8 https://twitter.com/BradKutner/status/1356367141843435522
Let’s take a quick peek.
1/8 https://twitter.com/BradKutner/status/1356367141843435522
Facts: VA State Senator Chase said favorable things re certain ppl who acted on Jan. 6 in D.C.
VA Senate didn’t like that. Senate D brought censure resolution (CR). Passed committee. CR broadened on the floor to include other acts.
Bipartisan support passed CR. Chase censured.
VA Senate didn’t like that. Senate D brought censure resolution (CR). Passed committee. CR broadened on the floor to include other acts.
Bipartisan support passed CR. Chase censured.
So! Lawsuit!
Crux of suit is 1st & 14th constitution violations.
1A Claim: wrongly censured for protected speech.
14A Claim: censured w/o due process bc CR didn’t follow Senate rules.
14A Claim: censure violated equal protection bc CR discrim’d against unpopular opinions.
Crux of suit is 1st & 14th constitution violations.
1A Claim: wrongly censured for protected speech.
14A Claim: censured w/o due process bc CR didn’t follow Senate rules.
14A Claim: censure violated equal protection bc CR discrim’d against unpopular opinions.
I hear you asking,
“Isn’t there some sort of immunity legislators have?”
Yes, there is!
Legislative immunity means legislators are shielded from suit re their legislative actions.
It’s a constitutional & common law doctrine that applies to fed, state, and local legislators.
“Isn’t there some sort of immunity legislators have?”
Yes, there is!
Legislative immunity means legislators are shielded from suit re their legislative actions.
It’s a constitutional & common law doctrine that applies to fed, state, and local legislators.
So wouldn’t legislative immunity apply here?
In a word: Yup.
The complaint recognizes this problem. So in the introduction (!) it addresses the immunity by citing a non-binding dissent (!) saying maybe it shouldn't apply in truly unique situations.
...That's not a good sign.
In a word: Yup.
The complaint recognizes this problem. So in the introduction (!) it addresses the immunity by citing a non-binding dissent (!) saying maybe it shouldn't apply in truly unique situations.
...That's not a good sign.
My 2 cents is that legislative immunity will prob kick this case—at least for the Senate President.
Not sure whether the immunity extends to legislator-adjacent roles, like the other defendant, the Senate Clerk.
I'm sure some interesting legal history will provide that answer!
Not sure whether the immunity extends to legislator-adjacent roles, like the other defendant, the Senate Clerk.
I'm sure some interesting legal history will provide that answer!
That said, I do think the complaint raises an interesting legal question about whether a legislative body censure one of their own for protected speech.
The answer to that question might be pretty simple! I don’t know. But it strikes me as an interesting 1A issue nonetheless.
The answer to that question might be pretty simple! I don’t know. But it strikes me as an interesting 1A issue nonetheless.
We shall see what the parties have to say about all of this. It won’t take long!
The complaint was filed in the EDVA, known as the “rocket docket.” We’ll have a motion to dismiss and briefing completed quickly.
I suspect a decision will be issued not long after that.
/End
The complaint was filed in the EDVA, known as the “rocket docket.” We’ll have a motion to dismiss and briefing completed quickly.
I suspect a decision will be issued not long after that.
/End
