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[87WashLRev1295] Monitored Disclosure: A Way to Avoid Legislative Supremacy in Redistricting Litigation

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dc.contributor.author Tyson, Mark
dc.contributor.author Washington Law Review
dc.date.accessioned 2012-12-18T17:27:27Z
dc.date.available 2012-12-18T17:27:27Z
dc.date.issued 2012-12
dc.identifier.citation 87 Wash. L. Rev. 1295 (2012) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1188
dc.description.abstract Abstract: The Speech or Debate Clause of the U.S. Constitution protects members of Congress from testifying about “legislative acts” or having “legislative acts” used against them as evidence. U.S. Supreme Court decisions delineating the scope of what constitutes a “legislative act” have an episodic feel and have failed to create a readily applicable test for new factual scenarios. One such scenario occurs when members of Congress communicate with state legislators regarding congressional redistricting. Courts must know how to handle instances where members of Congress assert legislative privilege in the redistricting context, and specifically when members of Congress assert the privilege in an effort to prevent disclosure of documentary material. Instead of resorting to the traditional “legislative acts” test, courts should permit disclosure of written materials subject to the rules of discovery. Courts should be vigilant in reviewing discovery requests to ensure that plaintiffs are not unduly burdening members of Congress, thereby unnecessarily distracting them from their work. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [87WashLRev1295] Monitored Disclosure: A Way to Avoid Legislative Supremacy in Redistricting Litigation en_US
dc.type Article en_US
dc.rights.holder Copyright 2012 by Washington Law Review Association. en_US

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