A resolution to authorize representation by the Senate Legal Counsel in the case of Rockefeller v. Bingaman, et al.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 538, which was submitted earlier today.

Mr. President, this resolution concerns a pro se civil action filed against Senator Jeff Bingaman, the United States Senate, Representative Steve Pearce, and the United States House of Representatives, in which plaintiff challenges as unconstitutional the fact that he does not have a guaranteed right to have his appeals heard by the United States Supreme Court nor a right to have a three-judge district court hear his challenges to Federal statutes at the trial court level. Plaintiff complains that permitting the Supreme Court discretion as to which appeals to hear and allowing single-judge district courts to decide cases challenging the constitutionality Federal statutes violates the Constitution's separation of powers. Plaintiff seeks an injunction against the operation of the statutes that provide for petitioning the Supreme Court for a writ of certiorari and for convening a three-judge district court to hear a case.

This suit is subject to dismissal as defective on both threshold jurisdictional grounds and as failing to state a claim on the merits as a matter of law. This resolution authorizes the Senate Legal Counsel to represent Senator Bingaman and the United States Senate in this suit an to. move for its dismissal.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table.