Document Type
Brief
Case Name
Senator Lindsey Graham v. Fulton County Special Purpose Grand Jury
Publication Date
10-27-2022
Abstract
No. 22A337
Senator Lindsey Graham v. Fulton County Special Purpose Grand Jury
On emergency application for a stay and injunction pending appeal from the United States Court of Appeals for the Eleventh Circuit
From the Introduction and Summary of Argument
The merits of this case are colored by partisan overtones. But the overarching legal questions implicate nonpartisan, institutional concerns. The Speech or Debate Clause has deep historical roots that protect important interests in legislative independence. That independence requires strong protection for legislative inquiry under an objective standard rooted in the facial basis for a particular investigation. If courts intrude on that independence by basing the standard for constitutional protection on the subjective motive of the legislator—as the district court and Eleventh Circuit did here—members will conduct fewer investigations, to the detriment of all.
Recommended Citation
Lee, Thomas R.; Nielsen, John J.; Lindley, Tyler B.; and Muller, Derek T., "Brief of Professor Derek T. Muller in Support of Applicant" (2022). Court Briefs. 83.
https://scholarship.law.nd.edu/sct_briefs/83
Comments
Derek T. Muller holds the Ben V. Willie Professorship in Excellence at the University of Iowa College of Law. He teaches and researches in the areas of election law and federal courts. He has written extensively about the rules concerning federal elections, state administration of federal elections, presidential elections, the Electoral College, the Electoral Count Act, and litigation surrounding these issues. See, e.g., Derek T. Muller, Electoral Votes Regularly Given, 55 Ga. L. Rev. 1529 (2021). He has a particular interest in ensuring that members of Congress have the flexibility to investigate and respond to election issues. He has advised members of Congress and their staff about reforming the Electoral Count Act, including testifying before the United States Senate Committee on Rules and Administration on August 3, 2022, in support of the Electoral Count Reform and Presidential Transition Improvement Act of 2022.