UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

Ocala Division

____________________________________

)

MARIBETH SCHONBERG and )

STEVEN E. SCHONBERG, )

)

 Plaintiffs, )

)

 v. ) Case No. 5:09-CV-534-Oc-32JRK

)

CIVIL OFFICER BERNIE SANDERS, )

et al., )

)

Defendants. )

____________________________________)

MOTION TO DISMISS OF

DEFENDANTS U.S. REPRESENTATIVES 

JOHN A. BOEHNER AND ERIC CANTOR

Pursuant to Rules 12(b)(1), 12(b)(2), 12(b)(3), and 12(b)(6) of the Federal Rules

of Civil Procedure, defendants the Honorable John A. Boehner and the Honorable Eric

Cantor – respectively, the U.S. Representative for the 8th congressional district of Ohio

and the Republican Leader of the U.S. House of Representatives, and the U.S.

Representative for the 7th congressional district of Virginia and the House Republican

Whip – respectfully move for an Order dismissing with prejudice the Complaint in this

action. Oral argument is not requested.

MEMORANDUM OF POINTS AND AUTHORITIES 

Plaintiffs filed this action, as best we can tell, because they believe the cost of

their medical insurance premiums is related in some manner to campaign contributions

that are legal under the Federal Election Campaign Act, 2 U.S.C. §§ 431, et seq. (the

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“FECA”). At the center of the Complaint is the notion that the FECA designates

Members of Congress as agents of their campaign committees which, Plaintiffs claim,

renders the FECA unconstitutional under the Incompatibility Clause, U.S. Const. art. I,

§ 6, cl. 2. According to the Plaintiffs, if Members did not receive campaign

contributions, “Defendants and the rest of Congress would probably act in the best

interests of the Plaintiffs.” Complaint ¶ 15.

ARGUMENT

I. The Plaintiffs Lack Standing to Sue Congressmen Boehner and Cantor.

Representatives Boehner and Cantor incorporate by reference the standing

arguments asserted by Defendants U.S. Senators Joe Lieberman, Blanche Lincoln, John

McCain, Mitch McConnell and Bernie Sanders (collectively, “Senate Defendants”). 

See Motion to Dismiss on Behalf of Senate Defendants at 7-12 (Feb. 12, 2010).

II. The Complaint Is Barred by the Constitution’s Speech or Debate Clause.

Defendants Boehner and Cantor incorporate by reference the Speech or Debate

Clause arguments asserted by the Senate Defendants. See id. at 12-15.

III. The Court Lacks Personal Jurisdiction Over Congressmen Boehner and

Cantor.

As noted above, Congressmen Boehner and Cantor represent congressional

districts in Ohio and Virginia, respectively. Neither represents a congressional district

in Florida and, accordingly, Defendants Boehner and Cantor incorporate by reference

the personal jurisdiction arguments asserted by the Senate Defendants. See id. at 16-

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 In addition, we note that Congressmen Boehner and Cantor have yet to be

properly served. 

2

 Attorneys in the Office of the General Counsel for the U.S. House of

Representatives are “entitled, for the purpose of performing the counsel’s functions, to

enter an appearance in any proceeding before any court of the United States . . . without

compliance with any requirement for admission to practice before such court . . . .” 2

U.S.C. § 130f(a).

3

18.1

IV. The Complaint Fails to State a Claim.

Congressmen Boehner and Cantor incorporate by reference the Senate

Defendants’ arguments concerning Plaintiffs’ failure to state a claim under the

Constitution’s Incompatability Clause, see id. at 19-20, as well as those made by the

Federal Election Commission, see Motion to Dismiss on Behalf of the Federal Election

Commission at 17-24 (Feb. 2, 2010). 

CONCLUSION

For the foregoing reasons, the Complaint should be dismissed with prejudice.

Respectfully submitted,

 

IRVIN B. NATHAN, General Counsel

KERRY W. KIRCHER, Deputy General Counsel

/s/ Christine Davenport

 CHRISTINE DAVENPORT, Assistant Counsel

Christine.davenport@mail.house.gov

ARIEL B. WALDMAN, Assistant Counsel

Office of General Counsel2

U.S. House of Representatives

219 Cannon House Office Building

Washington, D.C. 20515

202/225-9700 (telephone)

202/226-1360 (fax)

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Counsel for Defendants U.S. Representatives John

A. Boehner and Eric Cantor

February 16, 2010

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CERTIFICATE OF SERVICE

I certify that on this 16th day of February, 2010, I electronically filed the

foregoing document with the Clerk of the Court using the CM/ECF system, which will

provide notice of electronic filing to Steven E. Schonberg, pro se plaintiff, counsel for

defendant Federal Election Commission and counsel for United States Senators Joseph

Lieberman, Blanche Lincoln, John McCain, Mitch McConnell, and Bernie Sanders.

I also hereby certify that on this 16th day of February, 2010, I served the

foregoing document to the following non-CM/ECF participant by first-class mail,

postage prepaid:

Maribeth Schonberg 

60 Wilson Hill Road 

Merrimack, NH 03054

/s/ Christine Davenport___________

CHRISTINE DAVENPORT

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