Can a citizen or citizen group sue a US Senator?
3 attorney answers
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2018
I agree with both colleagues .
The filibuster, whatever its pros and cons, has never been declared unconstitutional by a federal court; as a procedural device of the U.S. Senate, it is within that body's discretion as to allowing and limiting debate on pending legislation. You are correct that U.S. Senators, and their counterparts in the U.S. House, are immune from civil suit for actions taken in their official capacities. While we cannot be certain what you are referring to in implying that U.S. Senators are not honoring their constitutional oaths, it is more likely than not that being engaged in the political process, and making your voice heard by your own U.S. Senators, is the best way forward as to you individually. I appreciate and commend you for caring about our government and Constitution, a deep concern that I share with you. May you fare well and prosper during the present pandemic.
You take action every time you vote. That is your power.
Nothing mentioned here give any indication you have a legal basis to sue anyone. Even if you could, the Founding Fathers made Senators immune from such suits under the Privileges and Immunities Clause of the Constitution.
Members of the Senate are the only individuals who can end the filibuster.
NO ATTORNEY CLIENT PRIVILEGE is created by this or any other response by Attorney Rafter on Avvo. Select 'Best Answer' if you believe you got helpful information. Answers in Jurisdictions other than the State and Federal courts in Virginia are anchored in general legal principals not state specific law. Mr. Rafter is licensed in the state and Federal courts in the Commonwealth of Virginia. For specific responses on your specific issues and the laws in your state, you need to speak directly with an attorney in your own state. It is generally not possible for anyone to post sufficient facts or details about their situation that would generate a response on this or any other website that would fully and adequately address the legal problem posed. The answer to “speak to an attorney” is absolutely proper and correct in every situation.