Common Cause, et al. v. Biden, Jr., et al., No. 12-5412 (D.C. Cir. 2014)
Annotate this CaseHouse members who voted for the DREAM and DISCLOSE bills, and others filed suit against the Vice President and others alleging that the effect of Rule XXII was to require sixty votes to get legislation through the Senate, that the rule prevented the passage of legislation that has the support of a majority of both houses of Congress, and that the rule therefore violated the Constitutional principle of majority rules. The district court dismissed the complaint for lack of jurisdiction. The court concluded that plaintiffs' alleged injury was caused not by any of the defendants, but by an "absent third party" - the Senate itself. Accordingly, the court lacked jurisdiction to decide the case and affirmed the judgment of the district court.
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