[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)] [Senate] [Page S7669] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] SENATE LEGAL COUNSEL AUTHORIZATION The resolution (S. Res. 661) to authorize representation by the Senate Legal Counsel in the case of McCarthy v. Byrd, et al. was agreed to. The preamble was agreed to. The resolution, with its preamble, reads as follows: S. Res. 661 Whereas, in the case of McCarthy v. Byrd, et al., Case No. 1:10-CV-03317, pending in the United States District Court for the District of New Jersey, plaintiff has named as a defendant the President Pro Tempore of the Senate; and Whereas, pursuant to sections 703(a) and 704(a)(1) of the Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) and 288c(a)(1), the Senate may direct its counsel to defend Members and officers of the Senate in civil actions relating to their official responsibilities: Now therefore, be it Resolved, That the Senate Legal Counsel is authorized to represent Senator Inouye, the President Pro Tempore of the Senate, in the case of McCarthy v. Byrd, et al. Mr. REID. Mr. President, this resolution concerns a civil action filed against the President pro tempore of the Senate and the Speaker of the House of Representatives seeking to have the Federal courts order Congress to pass legislation enacting the plaintiff's proposal to purportedly save Social Security. This lawsuit seeking to compel the Congress to take legislative action is not cognizable before the Federal courts. This resolution authorizes the Senate Legal Counsel to represent the President pro tempore, Senator Inouye, in this case and to move for its dismissal. ____________________