Transition to proxy voting is not constitutional, they say.
House Minority Leader Kevin McCarthy, along with 20 other lawmakers and four constituents, challenged the constitutionality of proxy voting in the chamber with a lawsuit aimed at Speaker Nancy Pelosi.
The plaintiffs claim that the transition to proxy voting, spurred by the coronavirus pandemic, dilutes members’ votes and, by extension, their constituents’ collective representation.
“Voting by proxy—giving your vote, as a member of Congress, to another person—is just simply not allowed and not envisioned in the Constitution’s non-delegable power and that proxy vote is prohibited,” one leadership aide said.
Speaker Pelosi said, “The House made its will clear two weeks ago when it voted to implement remote voting by proxy and other necessary measures to ensure that Congress can continue to protect lives and livelihoods. The House’s position that remote voting by proxy during a pandemic is fully consistent with the Constitution is supported by expert legal analyses. Further, the Supreme Court made it clear over a century ago that the Constitution empowers each chamber of Congress to set its own procedural rules.”
The House is reconvening Wednesday morning and is set to cast votes on important legislation, including FISA reauthorization. If a measure is passed under proxy voting, aides said it would call into question the legitimacy of the bill.
As the Lord Leads, Pray with Us…
- For the leaders of the House of Representatives to resolve the dispute over proxy voting.
- For wisdom for legislators in Congress as they face pandemic challenges.
- For the federal judge who has been asked to intervene and block the Speaker’s proxy voting plans.
Sources: Roll Call, New York Times
