BASTIEN v. OFFICE OF CAMPBELL

No. 02-1343.

390 F.3d 1301 (2004)

Rita BASTIEN, Plaintiff-Appellant, v. The OFFICE OF SENATOR BEN NIGHTHORSE CAMPBELL, Defendant-Appellee, American Federation of State County and Municipal Employees, AFL-CIO; National Employment Lawyers Association; AARP; National Asian Pacific American Legal Consortium; American Association of People with Disabilities, Project on Government Oversight; and Public Citizen, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 10, 2004.


Attorney(s) appearing for the Case

John S. Evangelisti (Karen Larson, with him on the briefs), Denver, CO, for Plaintiff-Appellant.

Jean Marie Manning, Senate Chief Counsel for Employment (Claudia A. Kostel, Senate Senior Counsel for Employment, with her on the brief), Office of Senate Chief Counsel for Employment, Arlington, VA, for Defendant-Appellee.

Traci L. Lovitt, of Jones, Day, Reavis & Pogue, New York, N.Y. (Glen D. Nager, of Jones, Day, Reavis & Pogue, Washington, D.C., with her on the brief), for Amici Curiae American Federation of State, County and Municipal Employees, AFL-CIO, National Employment Lawyers Association, AARP, and American Association of People with Disabilities; Vincent Eng, Legal Director, National Asian Pacific American Legal Consortium, Washington, D.C., on the brief for Amicus Curiae National Asian Pacific American Legal Consortium; Larry P. Weinberg, General Counsel, American Federation of State, County and Municipal Employees, AFL-CIO, Washington, D.C.; Jenifer Bosco, Senior Staff Attorney, National Employment Lawyers Association, San Francisco, CA; Andrew J. Imparato, President and CEO, American Association of People with Disabilities, Washington, D.C.

Allison M. Zieve, Public Citizen Litigation Group, Washington, D.C.; Sheila A. Bedi and David C. Vladeck, Institute for Public Representation, Georgetown University Law Center, Washington, D.C., on the brief for Amici Curiae Project on Government Oversight and Public Citizen, Inc.

Before SEYMOUR, BALDOCK, and HARTZ, Circuit Judges.


HARTZ, Circuit Judge.

Our Constitution's Speech or Debate Clause states that "for any Speech or Debate in either House, [members of Congress] shall not be questioned in any other Place." U.S. Const. art. I, § 6, ¶ 1. The issue before us is whether this Clause precludes Plaintiff Rita Bastien's employment-discrimination claim brought under the Congressional Accountability Act of 1995 (the CAA). Senator Ben Nighthorse

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