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Wednesday, May 27 2020

Full Issue

Republicans Sue To Stop House From Using Proxy Voting System, Calling It Unconstitutional

But the lawsuit may face an uphill battle in the courts, where judges have been reluctant to second-guess Congress鈥檚 ability to set its own rules.

Republican leaders sued Speaker Nancy Pelosi and top congressional officials on Tuesday to block the House of Representatives from using a proxy voting system set up by Democrats to allow for remote legislating during the coronavirus pandemic, calling it unconstitutional. In a lawsuit that also names the House clerk and sergeant-at-arms as defendants, Representative Kevin McCarthy of California, the minority leader, and roughly 20 other Republicans argued that new rules allowing lawmakers to vote from afar during the coronavirus outbreak would be the end of Congress as it was envisioned by the nation鈥檚 founders. (Fandos and Schmidt, 5/26)

The lawsuit, to be filed in federal court in Washington, will seek to block the new system passed by the Democratic-majority House and intended to allow the chamber to function while observing social distancing guidelines. It will argue that the rule changes are unconstitutional, the Republican aides said. (5/26)

Top Republicans have been crusading against the historic rules change, foreshadowing the legal move for days. Senate Majority Leader Mitch McConnell questioned the constitutionality of the system late last week. House Minority Whip Steve Scalise (R-La.) had suggested Republicans would mount a legal challenge after the procedure, which is temporary and only to be used during the current Congress, is first used this week. House Majority Leader Steny Hoyer 鈥 who helped develop the proxy voting system while working with Republicans 鈥 dismissed attacks from McConnell and others as politically motivated. (Zanona, Caygle and Ferris, 5/26)

Lawmakers are set to vote this week on a bill to reauthorize the Foreign Intelligence Surveillance Act, which has already passed the Senate, along with a bill to change elements of the Paycheck Protection Program that was created to help small businesses during the pandemic. But House Republicans filed a lawsuit late Tuesday in U.S. District Court for the District of Columbia against Speaker Nancy Pelosi (D., Calif.) to block the chamber鈥檚 new system. Republicans argue proxy voting, which was passed by Democrats with no GOP support, is unconstitutional. More broadly, they say that Congress has an obligation to meet in person, despite the risks. (Peterson and Andrews, 5/26)

Elsewhere on Capitol Hill 鈥

Deadlocked over the next big coronavirus relief bill, Congress is shifting its attention to a more modest overhaul of small-business aid in hopes of helping employers reopen shops and survive the pandemic. Bipartisan legislation that would give small employers more time to take advantage of federal subsidies for payroll and other costs is expected to pass the House this week, as lawmakers return to Washington for an abbreviated two-day session. (Taylor and Mascaro, 5/27)

Senate Majority Leader Mitch McConnell (R-Ky.) said on Tuesday that there would "likely" be a fifth coronavirus relief bill "in the next month or so." "Many of you are asking, what next? I think there's likely to be another bill. It will not be the $3聽trillion bill the House passed the other day. But there's still a likelihood that more will be needed," McConnell said during an event at a hospital in Louisville, Ky. (Carney, 5/26)

Sen. Marco Rubio, the new Republican chairman of the Senate Intelligence Committee, is warning that foreign actors will seek to amplify conspiracy theories about the coronavirus and find new ways to interfere in the 2020 presidential election. The Florida Republican said in an interview with The Associated Press on Tuesday that one possibility could be an effort to convince people that a new vaccine against the virus, once created, would be more harmful than helpful. (Jalonick and Mascaro, 5/27)

鈥淚鈥檓 not going to accuse any member who believes that they are exercising oversight to be colluding with a foreign power,鈥 Rubio said in an interview last week. 鈥淚 will say to you that I think it鈥檚 pretty clear that the Russians are constantly pursuing narratives that they believe will drive conflict in our politics and divide us against each other.鈥 The Senate Intelligence Committee has historically been a bipartisan one, but Rubio is taking over at a time when partisan tensions in the Senate are perhaps higher than they have ever been, which may bring drawbacks to the influential perch. (Desiderio, 5/27)

Anti-lobbying activists are sounding the alarm over efforts on Capitol Hill to let lobbying groups聽access emergency loans meant for small businesses struggling during the pandemic. Rep. Chris Pappas (D-N.H.) and Sen. Ted Cruz (R-Texas) have introduced competing bills that would allow local chambers of commerce and trade associations like America's Health Insurance Plans (AHIP) and PhRMA, which represents the pharmaceutical industry,聽to tap into the Paycheck Protection Program, federal funding that聽Congress set aside to help non-political businesses weather the coronavirus. (Bowden, 5/26)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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