Justices reject suit against ex-senator

The Supreme Court said yesterday that it will not get involved in a lawsuit brought by a congressional staffer who was fired by former senator Mark Dayton of Minnesota.

The justices said that lower-court rulings did not touch upon the constitutionality of the Congressional Accountability Act of 1995 and did not warrant Supreme Court review.

The court's ruling did not address the merits of former aide Brad Hanson's claim that Dayton fired him unfairly, nor did it address whether the lawsuit was moot now that Dayton, a one-term Democrat, left office in January.

Dayton had said that the Speech or Debate Clause protects a member of Congress from judicial review of his legislative acts -- including personnel decisions. But lower courts had ruled that Hanson's suit was proper under the accountability act, which was part of the "Contract with America" that Congress passed to make sure that the body complied with the same measures it passed for private employers.

Because of the legal wrangling, the merits of Hanson's claims have never been litigated. The case will now return to district court for that purpose.

The court's decision in Office of Senator Mark Dayton v. Hanson was unanimous. Chief Justice John G. Roberts Jr. did not take part, because he had been involved in the case as an appellate judge.

(Published Washington Post, May 22, 2007)