OPINION OF THE COURT
OFFICE OF SEN. MARK DAYTON V. HANSON
550 U. S. ____ (2007)
SUPREME COURT OF THE UNITED STATES
NO. 06-618
OFFICE OF SENATOR MARK DAYTON, APPELLANT
v. BRAD HANSON
on appeal from the united states court of appeals
for the district of columbia circuit
[May 21, 2007]
Justice Stevens delivered the
opinion of the Court.
Prior to January 3, 2007, Mark
Dayton represented the State of Minnesota in the United States
Senate. Appellee, Brad Hanson, was employed in the Senator’s Ft.
Snelling office prior to his discharge by the Senator, which he
alleges occurred on July 3, 2002. Hanson brought this action for
damages against appellant, the Senator’s office (Office), invoking
the District Court’s jurisdiction under the Congressional
Accountability Act of 1995 (Act), 109 Stat. 3, as amended, 2
U. S. C. §1301
et seq. (2000 ed. and Supp. IV), and
alleging violations of three other federal statutes.[
Footnote 1] The District Court denied
appellant’s motion to dismiss the complaint based on a claim of
immunity under the Speech or Debate Clause of the
Constitution.[
Footnote 2] The
Court of Appeals affirmed,
Fields v.
Office of Eddie
Bernice Johnson, Employing Office, United States Congress, 459
F. 3d 1 (CADC 2006), the Office invoked our appellate
jurisdiction under §412 of the Act, 2 U. S. C. §1412, and we
postponed consideration of jurisdiction pending hearing the case on
the merits, 549 U. S. ___ (2007). Because we do not have
jurisdiction under §412, we dismiss the appeal. Treating
appellant’s jurisdictional statement as a petition for a writ of
certiorari, we deny the petition.
Under §412 of the Act, direct review in this
Court is available “from any interlocutory or final judgment,
decree, or order of a court upon the constitutionality of any
provision” of the statute.[
Footnote
3] Neither the order of the District Court denying appellant’s
motion to dismiss nor the judgment of the Court of Appeals
affirming that order can fairly be characterized as a ruling “upon
the constitutionality” of any provision of the Act. The District
Court’s minute order denying the motion to dismiss does not state
any grounds for decision. App. to Pet. for Cert. 59a. Both parties
agree that that order cannot, therefore, be characterized as a
constitutional holding.[
Footnote
4] The Court of Appeals’ opinion rejects appellant’s argument
that forcing Senator Dayton to defend against the allegations in
this case would necessarily contravene the Speech or Debate Clause,
although it leaves open the possibility that the Speech or Debate
Clause may limit the scope of the proceedings in some respects.
Neither of those holdings qualifies as a ruling on the validity of
the Act itself.
The Office argues that the Court of Appeals’
holding amounts to a ruling that the Act is constitutional “as
applied.” According to the Office, an “as applied” constitutional
holding of that sort satisfies the jurisdictional requirements of
§412. We find this reading difficult to reconcile with the
statutory scheme. Section 413 of the Act provides that
“[t]he authorization to bring judicial proceedings
under [the Act] shall not constitute a waiver of sovereign immunity
for any other purpose, or of the privileges of any Senator or
Member of the House of Representatives under [the Speech or Debate
Clause] of the Constitution.” 2 U. S. C. §1413.
This provision demonstrates that Congress did not
intend the Act to be interpreted to permit suits that would
otherwise be prohibited under the Speech or Debate Clause.
Consequently, a court’s determination that jurisdiction attaches
despite a claim of Speech or Debate Clause immunity is best read as
a ruling on the scope of the Act, not its constitutionality. This
reading is faithful, moreover, to our established practice of
interpreting statutes to avoid constitutional
difficulties.[
Footnote 5] See
Clark v.
Martinez,
543 U. S. 371, 381–382
(2005).
The provision for appellate review is best
understood as responding to a congressional concern that if a
provision of the statute is declared invalid there is an interest
in prompt adjudication by this Court. To extend that review to
instances in which the statute itself has not been called into
question, giving litigants under the Act preference over litigants
in other cases, does not accord with that rationale. This is also
consistent with our cases holding that “statutes authorizing
appeals are to be strictly construed.”
Perry Ed. Assn. v.
Perry Local Educators’ Assn.,
460 U. S. 37, 43 (1983);
see also
Fornaris v.
Ridge Tool Co.,
400 U. S. 41, 42,
n. 1 (1970)
(per curiam).
Nor are there special circumstances that
justify the exercise of our discretionary certiorari jurisdiction
to review the Court of Appeals’ affirmance of the interlocutory
order entered by the District Court. Having abandoned its decision
in
Browning v.
Clerk, U. S. House of
Representatives, 789 F. 2d 923 (1986), the D. C.
Circuit is no longer in obvious conflict with any other Circuit on
the application of the Speech or Debate Clause to suits challenging
the personnel decisions of Members of Congress. Compare 459
F. 3d 1 (case below), with
Bastien v.
Office of
Senator Ben Nighthorse Campbell, 390 F. 3d 1301 (CA10
2004).
Accordingly, the appeal is dismissed for want
of jurisdiction and certiorari is denied. We express no opinion on
the merits, nor do we decide whether this action became moot upon
the expiration of Senator Dayton’s term in office.
It is so ordered.
The Chief Justice took no part in
the consideration or decision of this case.
Footnote 1
Appellee alleged violations of the Family and
Medical Leave Act of 1993, 107 Stat. 6, as amended, 29 U. S. C.
§2601
et seq. (2000 ed. and Supp. IV), the Americans with
Disabilities Act of 1990, 104 Stat. 337, 42 U. S. C. §12101
et seq. (2000 ed. and Supp. IV), and the Fair Labor
Standards Act of 1938, 52 Stat. 1060, as amended, 29 U. S. C.
§201
et seq. (2000 ed. and Supp. IV).
Footnote 2
“[F]or any Speech or Debate in either House,
[the Senators and Representatives] shall not be questioned in any
other Place.” Art. I, §6, cl. 1.
Footnote 3
Section 412 reads in full:
“Expedited review of certain appeals
“(a) In general
“An appeal may be taken directly to the
Supreme Court of the United States from any interlocutory or final
judgment, decree, or order of a court upon the constitutionality of
any provision of this chapter.
“(b) Jurisdiction
“The Supreme Court shall, if it has not
previously ruled on the question, accept jurisdiction over the
appeal referred to in subsection (a) of this section, advance the
appeal on the docket, and expedite the appeal to the greatest
extent possible.” 2 U. S. C. §1412.
Footnote 4
Had the District Court’s order qualified as a
ruling “upon the constitutionality” of a provision of the Act, the
Court of Appeals’ jurisdiction to hear the appeal would have been
called into serious doubt. See 28 U. S. C. §1291 (granting
jurisdiction to the courts of appeals from final decisions of
federal district courts “except where a direct review may be had in
the Supreme Court”).
Footnote 5
Nor does this reading make a dead letter out
of §412’s limitation of appellate review in this Court to
constitutional rulings. The possibility remains that provisions of
the Act could be challenged on constitutional grounds unrelated to
the Speech or Debate Clause.
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