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PARKER v. MERLINO

No. 80-1947.

646 F.2d 848 (1981)

Barry T. PARKER, James S. Cafiero, Donald DiFrancesco, John H. Dorsey, Wayne Dumont, Jr., John H. Ewing, Walter E. Foran, S. Thomas Gagliano, Garrett W. Hagedorn, Brian T. Kennedy, Lee B. Laskin, James J. Vreeland, Jr., James H. Wallwork, members of the Senate of the State of New Jersey and individually; and Ralph Fucetola, Clarence A. Haverly, Richard Mahon, John Rice and Barbara Tauriello, individually, Appellants, v. Joseph P. MERLINO, Eugene J. Bedell, John P. Caufield, Frank J. Dodd, Bernard J. Dwyer, Angelo J. Errichetti, David J. Friedland, Matthew Feldman, Frank X. Graves, John T. Gregorio, William J. Hamilton, Francis X. Herbert, Joseph Hirkala, Wynona A. Lipman, Joseph A. Maressa, William Vincent Musto, Carmen A. Orechio, Stephen P. Perskie, Frank E. Rodgers, Anthony Scardino, Jr., Walter N. Sheil, John M. Skevin, Charles B. Yates and Raymond J. Zane, members of the Senate of the State of New Jersey; and Senate of the State of New Jersey and the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided April 24, 1981.

Attorney(s) appearing for the Case

John P. Sheridan, Jr. (argued), Princeton, N. J., for appellants.

Leon J. Sokol (argued), Greenstone & Sokol, Hackensack, N. J., for appellees, Senators and the Senate of the State of New Jersey.

Stephen Skillman, Asst. Atty. Gen. (argued), John J. Degnan, Atty. Gen. of New Jersey, Trenton, N. J., for appellee, State of New Jersey.

Before ADAMS, GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

This is an action instituted by all thirteen Republican members of the New Jersey State Senate and certain of their constituents against most of the Democratic members of the Senate. Plaintiffs allege that their federal and state constitutional rights were infringed when, pursuant to the Rules of the Senate, debate on two bills pending before the Senate was cut off by the defendants. The district...

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