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DAVIS v. PASSMAN

No. 75-1691.

544 F.2d 865 (1977)

Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 3, 1977.

Attorney(s) appearing for the Case

Stephen J. Katz, Monroe, La., George M. Strickler, Jr., New Orleans, La., for plaintiff-appellant.

Jesse D. McDonald, Monroe, La., for defendant-appellee.

Before BROWN, Chief Judge, and JONES and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

In this case a member of the United States Congress unflinchingly asserts that the Constitution allows him openly to discriminate against women. He asserts further that he need not so much as suggest a single basis for the discrimination. The issue is not to be trivialized. We have here a conflict of transcendental importance between the rights of the individual and the rights of a representative qua representative. Although representatives...

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