At page 953 Denying petition for hearing en banc under rules9 citing casesON SUGGESTION FOR HEARING EN BANC Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges. BY THE COURT: No Judge in regular active service on the Court having…
- Leopold v. Pittman, No. 2021-0465 (D.D.C. Sept. 20, 2022).publishedSept. 20, 2006) and citing Keener v. Cong. of the U.S., 467 F.2d 952, 953 (5th Cir. 1972)); Cofield v. United States, 64 F. Supp. 3d 206 , 213–14 (D.D.C. 2014) (“[S]overeign immunity bars any claim for money damages against the United Stat…
- Musgrave v. Warner, No. 2021-2198 (D.D.C. Sept. 15, 2022).publishedSept. 20, 2006) (citing Keener v. Cong. of the U.S., 467 F.2d 952, 953 (5th Cir. 1972))); Cofield v. United States, 64 F. Supp. 3d 206 , 213–14 (D.D.C. 2014) (“[S]overeign immunity bars any claim for money damages against the United States…
- Jud. Watch, Inc. v. Adam B. Schiff, 474 F. Supp. 3d 305 (D.D.C. 2020).publishedSept. 20, 2006)) (citing Keener v. Cong. of the U.S., 467 F.2d 952, 953 (5th Cir. 1972)); see also Cofield v. United States, 64 F. Supp. 3d 206 , 213–14 (D.D.C. 2014) (“[S]overeign immunity bars any claim for money damages against the Unit…
- Shao v. Roberts, No. 2018-1233, 2019 WL 249855 (D.D.C. Jan. 17, 2019).publishedLikewise, because that power is explicitly reserved for Congress, see id., this Court does not have the power to compel Congress to impeach a sitting federal judge, see, e.g., Keener v. Congress, 467 F.2d 952, 953 (5th Cir. 1972) (per curi…
- Rockefeller v. Bingaman, 234 F. App'x 852 (10th Cir. 2007).unpublished We agree with the district court that “[s]overeign immunity forecloses Rockefeller’s claims against the House of Representatives and Senate as institutions, and Representative Pearce and Senator Bingaman as individuals acting in their offi…
- Cofield v. United States, 64 F. Supp. 3d 206 (D.D.C. 2014).publishedSee McLean v. United States, 566 F.3d 391, 401 (4th Cir.2009) (“[Sovereign immunity extends to the United States Congress when it is sued as a branch of the government.” (citing Keener v. Congress, 467 F.2d 952, 953 (5th Cir.1972) (per cur…
- McLean v. United States, 566 F.3d 391 (4th Cir. 2009).published See Keener v. Congress of U.S., 467 F.2d 952, 953 (5th Cir.1972).
- Robinson v. Cornyn, 191 F. App'x 314 (5th Cir. 2006).unpublishedSee Keener v. Congress, 467 F.2d 952, 953 (5th Cir.1972).
At page 952 Sovereign immunity protecting agency employee subpoenas1 citing case
- Sec. & Exch. Comm'n v. Comm. on Ways & Means of the U.S. House of Representatives, 161 F. Supp. 3d 199 (S.D.N.Y. 2015).publishedFound., 190 F.3d 269 , 277-78 (4th Cir.1999) (at the request of a private corporation, arbitrator issued subpoena to the National Science Foundation; noting that where “the non-party recipient of a subpoena is a government agency, principl…
v.
the CONGRESS OF the UNITED STATES, Defendant-Appellee
[*953] ON SUGGESTION FOR HEARING EN BANC
Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.
BY THE COURT:No Judge in regular active service on the Court having requested that the Court be polled on hearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Hearing En Banc is denied.
PER CURIAM:Appellant is distressed by, inter alia, the decision made in 1934 by appellee, the Congress of the United States, to abandon the gold standard. In this action he seeks a writ of mandamus ordering appellee to return to some “uniform method of valuation” for United States currency. The district court dismissed the suit, concluding that appellant lacked standing, that appellee is protected from suit by sovereign immunity, and that no cause of action lies to compel Congress to exercise its discretion to legislate on a purely political question.
Finding ourselves in agreement with the court below and concluding that this suit is frivolous, we affirm.
Affirmed.