SCOTUS rejects McCarthy’s lawsuit challenging proxy voting

nancy pelosi smiling with beak and kevin McCarthy in background january 2019

Win McNamee / Getty Images’s photo.

The Supreme Court of the United States has handled the case of the Minority Leader in the House of Representatives Kevin McCarthy (R-CA) defies one of the House of Pandemic rules set forth by the Speaker Nancy Pelosi (D-CA), refused to hear the case and allowed the lower court’s decision to dismiss the challenge.

Controversy over new voting procedures passed on a majority party-line vote in the Democratic-controlled House of Representatives in May 2020. Under the new rules, House members can vote proxies on behalf of 10 other members and the Committee is allowed to hold hearings and conduct bill reviews through remote online hearings. This is the first time that Congress has allowed members of the House of Representatives to vote without being physically present.

The report by Politico’s Katherine Tully-McManus note that McCarthy sought to invalidate the rules allowing proxy voting by objecting to the procedure as “unconstitutional”, but this argument was rejected by the United States Court of Appeals for the District of Columbia. A panel of three judges unanimously ruled in July 2021 that the courts do not have the authority to interfere in the internal legislative affairs of the House of Representatives as provided for by law.statement or argument clause“Found in Article I, Section 6, paragraph 1 of the Constitution, affirming the previous opinion of the Federal District Court.

The Supreme Court refused to hear the appeal without issuing a written opinion, essentially blocking the case “at the court’s door” and allowing the appellate court’s ruling to be upheld. last in the case.

Since the new rules were enacted, many House Republicans have opposed them, including signing McCarthy’s lawsuit, but many of them also took advantage of the opportunity to bypass the bill. vote in person at DC when they find it convenient.

Voting by proxy requires members to submit a form to the Clerk of the House of Representatives requesting another member be allowed to vote by proxy, stating “I am unable to participate in proceedings in the House of Commons.” due to the ongoing public health situation.” In February 2021, CNN’s Kaitlan Collins called out thirteen Republicans who filed for a proxy but instead attended the crowded CPAC convention in Orlando.

The practical reason that the members of the House of Representatives voted broadly according to the scope of the mandate. Tully-McManus also noted that the GOP Conference Chair Representative. Elise Stefanik (R-NY) has publicly stated its opposition to proxy voting, saying that Republicans “believe in direct voting” and are “committed” to ending it if they win back the House. However, it was Stefanik who voted by proxy several times in the weeks after giving birth last year.

In fact, more than 150 GOP House members have had their names removed from McCarthy’s lawsuit over the past year, many of whom have voted by proxy at least once. Answer. Chip Roy (R-TX) is the only person whose name is on the suit with McCarthy’s, and he stated on Monday that while he “believes[d] strongly that Congress really should police itself,” he maintained, arguing that proxy voting was “a blatantly unconstitutional conspiracy”.

“Moreover, the legislative process cannot reasonably be carried out by the delegator; We have a moral obligation to the Americans we represent to actually come to work and look directly at the issues that affect them,” added Roy.

Like Stefanik, Roy said he was in favor of “putting an end to this unconstitutional absurdity when Republicans regain the majority.”

In the meantime, however, Pelosi will reign supreme – at least until any change in partisan control is implemented by the midterm elections when new House members are sworn in. take office a year from now, or until the pandemic ceases to be a national emergency, such as will trigger the end of proxy voting rules.

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https://www.mediaite.com/news/supreme-court-smacks-down-kevin-mccarthys-last-ditch-effort-to-block-pelosis-pandemic-proxy-voting-procedures/ SCOTUS rejects McCarthy’s lawsuit challenging proxy voting

James Brien

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