– 71 –
courts jurisdiction over federal crimes. See, e.g., Act of June 25, 1948, Pub. L. No. 80-772,
62 Stat. 683, 826 (codified as 18 U.S.C. § 3231); United States v. Farmer, 583 F.3d 131, 151–
52 (2d Cir. 2009); United States v. Small, 487 F. App’x 302, 303 (7th Cir. 2012); United States
v. Gonzalez-Arenas, 496 F. App’x 866, 867 (10th Cir. 2012); United States v. Levy, 849 F. Supp.
2d 1353, 1354–56 (S.D. Fla. 2012). In those cases, the defendants argued that the House
had lacked a quorum when it voted on the bill, and the courts concluded that the enrolled
bill doctrine precluded a Quorum Clause challenge. See Farmer, 583 F.3d at 151–52; Small,
487 F. App’x at 303; Gonzalez-Arenas, 496 F. App’x at 867; Levy, 849 F. Supp. 2d at 1354–
56.
Despite the defendants’ assertion otherwise, those cases are inapplicable to the
present case and are otherwise unpersuasive. None of the cases cited by the defendants—or
similar ones found by this Court—address Munoz-Flores’s instruction about Marshall Field’s
limited application to constitutional challenges. See Farmer, 583 F.3d at 151–52; Small, 487
F. App’x at 303; Gonzalez-Arenas, 496 F. App’x at 867; Levy, 849 F. Supp. 2d at 1355.
16
Similarly, none of them discuss Noel Canning’s statement that the journal’s record of a
quorum must have been determined by a valid congressional rule or Ballin’s inquiry into the
validity of the rule—and for good reason. None of those cases involved an actual challenge
to the House’s use of a particular rule to determine whether a quorum exists. In fact, the
16
See also, e.g., United States v. Davis, Crim. No. 3:11-834-CMC, 2013 WL 12204904, at *1 (D.S.C.
May 7, 2013); Bodley v. Crabb, No. 15cv98 MV/LAM, 2015 WL 12781709, at *2 (D.N.M. Mar. 19,
2015); United States v. Hornback, Crim. Action No. 3:10-13 & Civ. Action No. 3:13-7296, 2014 WL
2768872, at *16 (E.D. Ky. June 18, 2014); Colby v. United States, Nos. 2:15-cr-182 & 2:18-cv-429,
2019 WL 1783052, at *3 (D. Me. Apr. 23, 2019); United States v. Anzaldi, No. 11 CR 820, 2013 WL
393326, at *2 (N.D. Ill. Jan. 31, 2013); Turner v. United States, Crim. No. 09-180-WS-C & Civ. No.
11-327-WS-C, 2011 WL 5595939, at *1–5 (S.D. Ala. Sept. 8, 2011), report and recommendation
adopted by 2011 WL 5597283 (Nov. 17, 2011).
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