[Congressional Record (Bound Edition), Volume 156 (2010), Part 1] [Senate] [Pages 680-681] [From the U.S. Government Publishing Office, www.gpo.gov]AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 398 submitted earlier today. The PRESIDING OFFICER. The clerk will report the resolution by title. The legislative clerk read as follows: A resolution (S. Res. 398) to authorize representation by the Senate Legal Counsel in the case of Schonberg, et al. v. Sanders, et al. There being no objection, the Senate proceeded to consider the resolution. Mr. REID. Mr. President, this resolution concerns a civil action filed by two individuals against five Senators, two Representatives, and the Federal Election Commission. Plaintiffs' challenge rests on their claim to a right that Congress pass health care legislation that would benefit them. Plaintiffs' legal claim is that the Federal Election Campaign Act's designation of Members of Congress as agents of their campaign committees violates the Constitution's prohibition on Members of Congress holding any other office under the United States while serving in the Congress. Plaintiffs' complaint over the legislative actions of Senators is not cognizable before the courts. In addition, Senators' involvement with their campaign committees does not constitute holding an office of the United States and does not violate the Constitution. This resolution authorizes the Senate Legal Counsel to represent the Senators named as defendants in this case and to move for its dismissal. Mr. DURBIN. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and any statements relating to the resolution be printed in the Record. The PRESIDING OFFICER. Without objection, it is so ordered. The resolution (S. Res. 398) was agreed to. The preamble was agreed to. The resolution, with its preamble, reads as follows: S. Res. 398 Whereas, in the case of Schonberg, et al. v. Sanders, et al., Case No. 5:09-CV-534, pending in the United States District Court for the Middle District of Florida, plaintiffs have named as defendants five Senators; and Whereas, pursuant to sections 703(a) and 704(a)(1) of the Ethics in Government Act of [[Page 681]] 1978, 2 U.S.C. Sec. Sec. 288b(a) and 288c(a)(1), the Senate may direct its counsel to defend Members 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 Senators Lieberman, Lincoln, McConnell, McCain, and Sanders in the case of Schonberg, et al. v. Sanders, et al. ____________________