A federal judge in Washington, D.C., on Thursday dismissed a lawsuit filed by House Republicans against the House Democratic majority that allows members to vote remotely by proxy during the COVID-19 pandemic, with the judge saying the suit is barred by the Constitution’s Speech or Debate Clause.
The Democratic-controlled House of Representatives had passed a resolution allowing members to vote by proxy while a public health emergency was declared, due to the coronavirus pandemic. But a group of Republicans and constituents sued, saying it was unconstitutional.
PELOSI EXTENDS PROXY VOTING IN HOUSE AMID CORONAVIRUS CONCERNS
Republicans had argued that the resolution violated a number of House requirements and the Constitution. The lawsuit also claimed that it dilutes the power of members who show up because those serving as a proxy can vote on behalf of up to 10 members. They also argued that the Constitution requires a quorum, or a majority, of lawmakers to be present to vote on matters.
But the court dismissed the lawsuit.
“Because the Court finds that Defendants are immune from suit under the Speech or Debate Clause of the Constitution, it does not reach the merits and grants Defendants’ Motion to Dismiss,” Judge Rudolph Contreras said in his ruling.
Contreras also said that the House “unquestionably has the authority, under the Constitution, to ‘determine the rules of its proceedings.” But he did not rule on the claims that Republicans made, only that they lacked the ability to sue.
The House voted along party lines in May to allow a proxy vote arrangement and conducted its first proxy vote in its 231-year history. Lawmakers voted 413-1 to impose sanctions on Chinese officials for the treatment of Uighur Muslims in China.
“Remote voting by proxy is fully consistent with the Constitution and more than a century of legal precedent, including Supreme Court cases, that make clear that the House can determine its own rules,” House Speaker Nancy Pelosi said in a statement. “The nation is in the middle of a dangerous pandemic and the House of Representatives must continue to work.”
“The dismissal of the House GOP lawsuit is welcome news and hopefully the end of this sad Republican effort to obstruct the House from meeting the needs of the American people during the coronavirus crisis,” she said.
House Minority Leader Kevin McCarthy said Republicans would appeal the ruling.
“Speaker Pelosi’s proxy voting scheme dilutes the voting power of Members of Congress in violation of the Constitution. It dilutes the representation of constituents across America, and purports to allow a Member of Congress to give his or her vote to another member," he said.
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He said Democrats have exploited the system and used it to neglect their official duties.
“There is a history of challenges against unlawful actions taken by the U.S. House of Representatives, which show that unconstitutional actions are not protected by speech or debate,” he said. “While Congress does write its own procedural rules – and we should – we cannot write rules that violate the Constitution. “
Fox News’ Andrew O’Reilly contributed to this report.
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