DRA Constitutionality Saga Continues

Of the numerous suits filed challenging the constitutionality of the Deficit Reduction Act (DRA), two separate district court judges have determined they do not have the authority to rule.

Judge Frank Damrell of the District Court for the Eastern District of California and Judge Richard Berman of the District Court for the Southern District of New York both sided with the Department of Justice's position that the 1892 Supreme Court ruling, Marshall Field v. Clark, "does not permit the judicial branch to question the validity of a bill that has been enrolled and certified by the Speaker of the House and President of the Senate."

Another ruling in the District Court for the District of Columbia is expected before summer's end. Plaintiffs in other suits are awaiting more rulings before determining how far to take their cases. Spokesperson for the Judiciary Committee, Rep. John Conyers (D-MI), indicated the eleven House Democrats who have brought one of the suits "are prepared to take the case as far as they have to."

Source: www.TheHill.com, 8-1-06

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