Robert H. Michel v. Donnald K. Anderson

14 F.3d 623, 304 U.S. App. D.C. 325, 1994 U.S. App. LEXIS 1205, 1994 WL 17128
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 25, 1994
Docket93-5109
StatusPublished
Cited by71 cases

This text of 14 F.3d 623 (Robert H. Michel v. Donnald K. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert H. Michel v. Donnald K. Anderson, 14 F.3d 623, 304 U.S. App. D.C. 325, 1994 U.S. App. LEXIS 1205, 1994 WL 17128 (D.C. Cir. 1994).

Opinion

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

A number of congressmen and individual voters appeal from the judgment of the district court rejecting their challenge to a House rule granting delegates from the territories and the District of Columbia the right to vote in the Committee of the Whole. We hold that the provision does not violate Article I of the Constitution and therefore affirm.

I.

Between 1900 and 1974, Congress created the offices of five delegates to the House of Representatives, representing Puerto Rico, Guam, the Virgin Islands, American Samoa, and the District of Columbia. The rules of the House — at least between 1900 and 1970 — permitted the delegates to debate, but did not allow them to vote in any setting. In 1970, those rules were changed, and the delegate from Puerto Rico was given the addi *625 tional right to vote in standing committees. 1 On January 5, 1993, the House granted all five delegates the right to vote in the Committee of the Whole, a committee composed of all members of the House through which all public bills affecting revenue and spending proceed, and which shapes, to a very great extent, the final form of bills that pass the House. The new House Rule XII, cl. 2, provides that:

[i]n a Committee of the Whole House on the state of the Union, the Resident .Commissioner to the United States from Puer-to Rico and each Delegate to the House shall possess the same powers and privileges as Members of the House.

In addition, the House amended its Rule XXIII, to provide:

[w]henever a recorded vote on any question has been decided by a margin within which the votes east by the Delegates and the Resident Commissioner have been decisive, the Committee of the Whole shall automatically rise and the Speaker shall put that question de novo without intervening debate or other business. Upon the announcement of the vote on that question, the Committee of the Whole shall resume its sitting without intervening motion.

House Rule XXIII, cl. 2(d).

Robert H. Michel, the House Minority Leader, and 11 other members of the House, filed suit against the Clerk of the House and the territorial delegates, seeking a declaration that the House rules were unconstitutional, and an injunction preventing the delegates from attempting to vote in the Committee of the Whole and the Clerk from tallying such votes. 2 The complaint was subsequently amended to add three private voter plaintiffs: one represented by appellant Congressman Michel from Illinois, one by appellant Congressman Castle from Delaware, and one by appellant Congressman Thomas from Wyoming.

The district court denied the appellants’ application for a preliminary injunction and dismissed the case. After disposing of a number of jurisdictional issues, the court determined that “for most practical purposes” the “Committee of the Whole is the House of Representatives,” and that accordingly a rule that would permit delegates to vote in that committee without qualification, would “invest them with legislative power in violation of Article I of the Constitution.” Michel v. Anderson, 817 F.Supp. 126, 141 (D.D.C.1993). The court concluded that the rules are constitutional, however, because the “revote” provision left Rule XII with “no effect, or only at most an unproven, remote, and speculative effect, as far as voting or the exercise of legislative power is concerned.” 817 F.Supp. at 145. This appeal followed. 3

II.

Appellees and amici assert various jurisdictional defects in the case. Amici challenge the standing of the individual voters and also assert that the political question doctrine makes appellants’ claims nonjusticiable. Ordinarily,' we would not entertain an amicus’ argument if not presented by a party, but as these questions go to our jurisdiction, we are obliged to consider them on our own and therefore welcome amici’s presentation.- Appellees argue that under our Circuit’s remedial' discretion doctrine, we lack jurisdiction to provide relief to the appellants. -

Amici do not question the congressmen’s standing to assert that their voting power has been diluted. Vander Jagt v. O’Neill, 699 F.2d 1166 (D.C.Cir.1982), cert. denied, 464 U.S. 823, 104 S.Ct. 91, 78 L.Ed.2d 98 (1983), establishes that congressmen asserting such a claim, have suffered an Article III injury. See 699 F.2d at 1168-71 (holding that congressmen have standing to challenge method by which House committee *626 seats are allocated). Amici rely instead on the remedial discretion doctrine raised by appellees to blunt the congressmen’s claim. But the remedial discretion doctrine, if it applies, bars the congressmen’s suit, not the individual voters’, see infra, so, understandably, amici attack the private voters’ standing. As we understand amici’s argument, private voters who are in districts represented by the appellant congressmen lack a distinct or palpable injury because their supposed injury — the dilution of the voting power of their congressmen — is suffered by every American voter who resides in any state. As such, the voters are raising only a generalized, abstract grievance which, as has been said repeatedly, is not an injury for Article III purposes. See Frothingham v. Mellon, 262 U.S. 447, 488, 43 S.Ct. 597, 601, 67 L.Ed. 1078 (1923); Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208, 227, 94 S.Ct. 2925, 2935, 41 L.Ed.2d 706 (1974).

That an injury is widespread, however, does not mean that it cannot form the. basis for a case in federal court so long as each person can be said to have suffered a distinct and concrete harm. See Public Citizen v. United States Dep’t of Justice, 491 U.S. 440, 449-50, 109 S.Ct. 2558, 2564, 105 L.Ed.2d 377 (1989) (“The fact that other citizens or groups of citizens might make the same complaint ... does not lessen appellants’ asserted injury_”). The Supreme Court has repeatedly held that voters have standing to challenge practices that are claimed to dilute their vote, such as being placed, in a voting district that is significantly more populous than others. See Wesberry v. Sanders, 376 U.S. 1, 5-6, 84 S.Ct. 526, 529, 11 L.Ed.2d 481 (1964); Franklin v. Massachusetts , — U.S. -, -, 112 S.Ct. 2767, 2776-77, 120 L.Ed.2d 636 (1992).

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14 F.3d 623, 304 U.S. App. D.C. 325, 1994 U.S. App. LEXIS 1205, 1994 WL 17128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-h-michel-v-donnald-k-anderson-cadc-1994.