SCHAFFER v. CLINTON

No. 99-1385.

240 F.3d 878 (2001)

The Honorable Bob SCHAFFER, in his official capacity as a member of the United States House of Representatives; Walt Mueller, a Missouri State Senator; John R. Stoeffler, a United States taxpayer; Gregory D. Watson, a United States taxpayer and National Coordinator of the Political Movement to Ratify the 27th Amendment, Plaintiffs-Appellants, v. William Jefferson CLINTON, President of the United States of America, in his official capacity; Robert E. Rubin, Secretary of the Treasury, in his official capacity; Gary Sisco, Secretary of the United States Senate, in his official capacity; Jeff Trandahl, Clerk of the United States House of Representatives, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 13, 2001.


Attorney(s) appearing for the Case

William Perry Pendley (D. Andrew Wight with him on the briefs), Mountain States Legal Foundation, Denver, Colorado, for the Plaintiffs-Appellants.

Kerry W. Kircher, Deputy General Counsel (Geraldine R. Gennet, General Counsel, with him on the brief), Office of the General Counsel U.S. House of Representatives, Washington, D.C., for Defendant-Appellee Jeff Trandahl.

Douglas N. Letter, Appellate Litigation Counsel, United States Department of Justice (David W. Ogden, Acting Assistant Attorney General, United States Department of Justice, Patricia M. Bryan, Senate Legal Counsel, Morgan J. Frankel, Deputy Senate Legal Counsel, and Steven F. Huefner, and Allison Moore, Assistant Senate Legal Counsel, with him on the brief), Washington, D.C., for Defendants-Appellees William Jefferson Clinton, Robert E. Rubin and Gary Sisco.

Before LUCERO, McKAY and MURPHY, Circuit Judges.


LUCERO, Circuit Judge.

Bob Schaffer, a United States Congressman, appeals1 the district court's dismissal of a challenge, on Twenty-Seventh Amendment grounds, to the Cost of Living Adjustment ("COLA") provision of the Ethics Reform Act of 1989. Because we determine that appellant does not have standing to sue, we do not reach the merits of the appeal, namely, whether the district court erred in holding that the COLA provision of the Ethics...

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