House Republicans to sue Nancy Pelosi to halt proxy voting

House Republicans are preparing to file a lawsuit against Speaker Nancy Pelosi (D-Calif.) in an attempt to thwart the use of proxy voting, GOP staffers familiar with the legal action confirmed on Tuesday.

The rules change allowing proxy voting was approved along party lines earlier this month and the first such vote is slated to take place Wednesday.

House Minority Leader Kevin McCarthy (R-Calif.) is expected to spearhead the legal action with the support of 20 members of his conference including Rep. Chip Roy (R-Texas), House Minority Whip Steve Scalise (R-La.) and GOP Conference Chairwoman Liz Cheney (R-Wyo.), along with four constituents from different regions. The suit is expected to be filed in the U.S. District Court in Washington, D.C.

Republicans have been vocal in their disapproval of the rules change, which allows members to designate one of their colleagues to cast a vote on their behalf in the event they are unable to make it to Washington amid the pandemic. They allege it is unconstitutional, it bucks precedent and that it places too much power in the hands of certain members.

"Our read is that this is unconstitutional and we think that ideally that Article I could have solved this on our own, but the majority passed rule that we believe is unconstitutional and so the remedy there is for us to go to the courts and ask for them to confirm our reading of the Constitution, and that will take a little bit of time," one leadership aide told reporters, adding they believe it raises "significant constitutional questions if any law were to actually become effective as a result of these votes."

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