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HOWARD v. OCAO OF U.S. HOUSE OF REPRESENTATIVES

Nos. 12-5119, 12-5120.

720 F.3d 939 (2013)

LaTaunya HOWARD, Appellant/Cross-Appellee v. The OFFICE OF the CHIEF ADMINISTRATIVE OFFICER OF the UNITED STATES HOUSE OF REPRESENTATIVES, Appellee/Cross-Appellant.

United States Court of Appeals, District of Columbia Circuit.

June 28, 2013.

Attorney(s) appearing for the Case

Ross A. Nabatoff argued the cause for appellant. With him on the briefs was Stanley M. Brand . Andrew D. Herman entered an appearance.

Kerry W. Kircher , General Counsel, U.S. House of Representatives, argued the cause for appellee. With him on the briefs were William Pittard , Deputy General Counsel, Christine Davenport , Senior Assistant Counsel, and Todd B. Tatelman , Mary Beth Walker , and Eleni M. Roumel , Assistant Counsel.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

EDWARDS, Senior Circuit Judge:

This appeal requires the court to consider whether the Speech or Debate Clause of the Constitution, U.S. CONST. art. I, § 6, cl. 1, bars this lawsuit by LaTaunya Howard against her former employer, the Office of the Chief Administrative Officer ("OCAO") of the United States House of Representatives, for alleged racial discrimination and retaliation in violation of the Congressional Accountability Act ("CAA"), 2 U.S.C. §§...

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