Michael Patrick Clancey v. Carl Albert, John J. Flynt, Jr., and the United States House of Representatives

Representative Andrew J. Hinshaw was elected in November, 1974, to a second term in Congress on behalf of the 40th District of the State of California. In January, 1976, he was found guilty of two counts of bribery by a California jury. House of Representatives Rule 43, paragraph 10, provides that a Representative convicted of a crime while in office shall refrain from voting in the House until vindicated on appeal, or re-elected by the constituency. Congressman Hinshaw therefore refrained from all participation in committee business and House voting.

On March 25, 1976, Michael P. Clancey, appellant herein, sought a declaratory judgment in the District Court that the House Rule was unconstitutional. He alleged inter alia, that various defendants had denied him the constitutional right to representation through compliance with the Rule. However, Congressman Hinshaw was defeated in the primary election in June, 1976, and in January of 1977, another Representative from the 40th District was seated. Although the District Court had already dismissed as to some named defendants for a variety of reasons, the entire action was dismissed on March 7, 1977, for mootness. Clancey appeals…