Ethics Commission v. Cullison

The court reaffirms today its original cognizance to entertain this controversy and to craft, unhampered by the straitjacket of the ancient English writ system,1 a remedy2 that fits3 this tendered *1081complaint of governmental usurpation.4 I concur in the result the court reaches today. I write separately to (1) explain the quintessence of the Supreme Court’s original jurisdiction5 and its interplay with the prerogative writ system of the English remedial regime6 and (2) focus on the outer limit of legislative immunity from suit under our constitution’s Speech and Debate Clause.7

I

THE SUPREME…