Supreme Court declines GOP challenge against House proxy voting
Added 01-24-22 10:57:01am EST - “The Supreme Court on Monday declined to hear an appeal from House Minority Leader Kevin McCarthy (R-Calif.) seeking to revive his legal challenge against the proxy voting rules that House Democrats implemented as a” - Thehill.com
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The Supreme Court on Monday declined to hear an appeal from House Minority Leader Kevin McCarthyKevin McCarthyVirginia's new AG sacks lawyers at University of Virginia, George Mason House has the power to subpoena its members — but does it have the will? Mask rules spark political games and a nasty environment in the House MORE (R-Calif.) seeking to revive his legal challenge against the proxy voting rules that House Democrats implemented as a safety measure at the beginning of the pandemic.
The move comes after lower courts had rejected McCarthy's suit against House Speaker Nancy PelosiNancy PelosiHouse has the power to subpoena its members — but does it have the will? Man who threatened to kill Ocasio-Cortez, Pelosi pleads guilty to federal charges The Hill's 12:30 Report: Dems look to repackage BBB into salvageable bill MORE (D-Calif.), which claimed that allowing members to cast floor votes without being physically present in the chambers is unconstitutional.
The Supreme Court on Monday did not explain the decision not to take up the case nor did it provide a tally of how many justices voted against hearing it.
McCarthy asked the high court in September to review a decision from the D.C. Circuit Court of Appeals that found that federal courts do not have jurisdiction to hear such disputes between lawmakers over legislative procedure.
"Indeed, we are hard-pressed to conceive of matters more integrally part of the legislative process than the rules governing how Members can cast their votes on legislation and mark their presence for purposes of establishing a legislative quorum," D.C. Circuit Judge Sri Srinivasan wrote in a decision for a unanimous three-judge panel.
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