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Thomas Massie, Individually and in His Official Capacity as a Member of the United States House of Representatives, et al. v. Mike Johnson, in His Official Capacity as Speaker of the United States House of Representatives, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-5058 · judgment June 30, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 30% cert probability (95% interval 20%–44%)

Before the decision, about 7.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a D.C. Circuit decision below, and a circuit split argued in the petition.

Questions presented

  1. Whether Speech or Debate immunity precludes any and all claims by a Member of Congress against congressional administrative officials who administer pay, where such claims are pay claims?

  2. Whether reductions of Members’ compensation violate the Twenty-Seventh Amendment, where such reductions occur pursuant to rules that were enacted in the same session, and without an intervening election?

  3. Whether Article I, §§ 6 and 7 are violated where the compensation of Members of Congress is reduced pursuant to a House Rule, rather than through laws duly enacted and presented to the President?

Counsel of record

For petitioner
Thomas B. Bruns
Bruns, Connell, Vollmar & Armstrong, LLC

For respondent
Matthew B. Berry
Office of General Counsel

Case

Conference history
Distributed for 1 conference

Linked docket
23A190

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 11 2024
    Reply of petitioners Hon. Thomas Massie, et al. filed. (Distributed)
  3. Jan 10 2024
    DISTRIBUTED for Conference of 2/16/2024.
  4. Dec 21 2023
    Brief of respondents Speaker of the United States House of Representatives, In His Official Capacity, et al. in opposition filed.
  5. Nov 21 2023
    Petition for a writ of certiorari filed. (Response due December 27, 2023)
  6. Sep 01 2023
    Application (23A190) granted by The Chief Justice extending the time to file until November 21, 2023.
  7. Aug 21 2023
    Application (23A190) to extend the time to file a petition for a writ of certiorari from September 28, 2023 to November 21, 2023, submitted to The Chief Justice.