House Republicans are suing House Speaker Nancy Pelosi (D-Calif.) and other federal court officials to block proxy voting, and Pelosi is not staying silent in response.
In the 38-page lawsuit filed on Tuesday, McCarthy, along with 20 other lawmakers — including House Minority Whip Steve Scalise (R-La.) and Conference Chairwoman Liz Cheney (R-Wyo.) — said the move for proxy voting defies an “unbroken record of historical precedent and [is] heedless of every relevant constitutional provision.”
“It is simply impossible to read the Constitution and overlook its repeated and emphatic requirement that Members of Congress actually assemble in their respective chambers when they vote, whether on matters as weighty as declaring war or as ordinary as naming a bridge.”
The lawsuit comes shortly after Pelosi authorized on May 20 a 45-day remote voting period that allows House members to vote by proxy due to the coronavirus pandemic. It was approved, largely along party lines, in the House of Representatives on May 15.
This allows a lawmaker to vote by proxy on behalf of 10 other members who can’t travel to Washington, D.C.
Several lawmakers took to Twitter to express their disagreement with the proxy voting, as they deemed it “unconstitutional.”
McCarthy also wrote in a statement:
“Rapid and robust legal relief is necessary. The alternative — a small number of members dictating the businesses of the whole House while the people’s voice is diluted — is unacceptable and would only make it more difficult for Congress to respond in the national interest. We must assemble.”
Check out reactions below:
I just filed a lawsuit in federal court to overturn Speaker Pelosi’s unconstitutional proxy voting scheme.
— Kevin McCarthy (@SpeakerMcCarthy) May 26, 2020
It could allow as few as 20 Representatives to control the votes of 220. This is NOT the representative democracy our Founders envisioned or what our Constitution allows.
Proxy voting is unconstitutional. Period.
— Rep. Jim Jordan (@Jim_Jordan) May 27, 2020
Let’s face it. You gotta show up for work.
Speaker Pelosi’s lawless voting scheme has no place in Congress. https://t.co/eC72waYnsh
I've been a vocal opponent against this rules change, and today we are moving forward with a solid legal challenge. Congress is mandated to meet and conduct the People's business in person. This was the clear intent of our Founders.
— Rep. Clay Higgins (@RepClayHiggins) May 27, 2020
My full statement: https://t.co/NveRx2Tzf1 https://t.co/RsPKuPygXT
To meet as a Congress includes the act of meeting in congress: together, as a group, & in-person. We have already proven we can safely meet during this pandemic. Vesting majority power in as few as 20 members is absurd and would astound the founders of our republic. https://t.co/WJTFpsDCXp
— Congressman Fred Keller (@RepFredKeller) May 26, 2020
🚨 BREAKING NEWS 🚨
— Steve Scalise (@SteveScalise) May 26, 2020
House Republicans are suing Nancy Pelosi to block her proxy voting power grab that lets her unilaterally pass legislation with just 20 Members present.
It's simple: one representative should equal one vote.
We can't let her get away with this.
In a statement responding to the lawsuit, Pelosi said, “House Republicans’ sad stunt 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.”
She added:
“The House’s position that remote voting by proxy during a pandemic is fully consistent with the Constitution is supported by expert legal analyses. […] As our nation approaches the heartbreaking milestone of 100,000 lives lost to COVID-19, House Republicans must stop their dangerous obstruction and join Democrats to save lives, defeat the virus and grow the economy.”
The first voting by proxy in the House is expected to occur on Wednesday.