House Republicans Go to Court to Try to Stop Proxy Voting
GOP Plans Court Challenge to House Move to Allow Proxy Voting
(Bloomberg) -- Republicans in the House mounted a legal challenge to a proxy voting procedure Democrats pushed through this month for colleagues who are in quarantine or otherwise housebound during the coronavirus pandemic.
The first proxy votes are set to be cast this week when the House considers several pieces of legislation, including modifications to a popular loan program for small businesses and an extension of the federal government’s surveillance authority.
The Republicans argued in a 38-page complaint filed in Washington federal court on Tuesday that the approval of the May 15 resolution, which would permit a single lawmaker to cast votes on behalf of as many as 10 colleagues, defied historical precedent and the U.S. Constitution.
“In an instant, and over the objections of 189 members of the House from both political parties, the 231-year constitutional tradition of in-person assembly, deliberation, and voting among the people’s representatives came to an end,” according to the complaint.
Democrats, led by Rules Committee Chairman Jim McGovern of Massachusetts, cited opinions from constitutional law experts in support of the change. At least 50 Democrats have filed with the clerk’s office saying they plan to use the system this week.
The GOP likely faces an uphill climb in a lawsuit because the Constitution lets the House set its own rules.
Minority Leader Kevin McCarthy is the lead plaintiff along with several other representatives and four constituents in the suit against House Speaker Nancy Pelosi and other House officials.
McCarthy said in a statement on Tuesday evening that “while the Constitution allows Congress to write its own rules, those rules cannot violate the Constitution itself --- namely, the requirement of actual assembly. Rapid and robust legal relief is necessary.”
“This is a serious matter that will damage the integrity of the House’s actions now and in the future,” he added.
The 45-day rules change that allows members to travel to the Capitol to carry out explicit instructions to vote on behalf of colleagues is in place through at least early June. The special procedures can be extended or renewed during this congressional term if the public health emergency persists or there is a resurgence.
Pelosi called the Republican suit a “sad stunt” that “shows that their only focus is to delay and obstruct urgently-needed action to meet the needs of American workers and families during the coronavirus crisis.” The California Democrat said the rule change is “fully consistent with the Constitution.”
The case is McCarthy v. Pelosi, 20-cv-01395, U.S. District Court, District of Columbia (Washington).
©2020 Bloomberg L.P.