Andrew S. Clyde, Individually and in His Official Capacity as a Member of the U.S. House of Representatives, et al. v. William McFarland, in His Official Capacity as Sergeant at Arms of the U.S. House of Representatives, et al.

The Constitution’s Speech or Debate Clause provides in pertinent part that, “for any Speech or Debate in either House, [Senators and Representatives] shall not be questioned in any other Place.” Art. I, § 6, cl.1. The Behavior Clause of the Constitution provides that, “[e]ach House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.” Art. I, § 5, cl.2. And the Constitution’s Twenty-Seventh Amendment states that, “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.” Amend. XXVII.

1. Whether the Speech or Debate Clause creates a jurisdictional bar to judicial consideration of whether internal congressional rules or practices violate other textual provisions of the Constitution?

2. W hether the immunity from suit created by the Speech or Debate Clause extends to administrative functions within Congress like payroll deductions and floor security that are not core legislative activities?

3. Whether the T wenty-Seventh A mendment to the Constitution prohibits the U.S. House of Representatives from reducing Members’ compensation by deducting punitive fines from their salaries before the Members receive those salaries?