Judge Denies Republican Bid to Stop Proxy Voting in House

(Bloomberg) -- A federal judge in Washington rejected a bid by House Republicans to block proxy-voting procedures that Democrats created for lawmakers who are quarantined or otherwise house-bound during the coronavirus pandemic.

U.S. District Judge Rudolph Contreras said Thursday that House members could continue to vote by proxy because the U.S. Constitution protects lawmakers in Congress from civil suits contesting “legislative acts.”

Led by Minority Leader Kevin McCarthy, Republicans had argued that the voting system, which permits a single lawmaker to cast votes on behalf of as many as 10 colleagues, defied historical precedent and the Constitution.

Democrats have used the system regularly since they instituted it May 20. Proxy voting is authorized to continue until Aug. 18, and the House can vote to extend it after that. In congressional election years, lawmakers are traditionally away from Washington for most of the summer, but delays in the regular schedule and legislative demands focused on responding to the coronavirus crisis are keeping them on 24-hour notice.

The legal challenge always faced an uphill battle. In May, House Speaker Nancy Pelosi called the lawsuit a “sad stunt,” and Democrats cited opinions from constitutional law experts supporting the rules change.

Contreras said the voting system was a legislative act protected from legal challenges under the Constitution.

“The Court can conceive of few other actions, besides actually debating, speaking or voting, that could more accurately be described as ‘legislative’ than the regulation of how votes may be cast,” the judge wrote.

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