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Republicans Sue Pelosi to Block House Proxy Voting During Pandemic | Republicans Sue Pelosi to Block House Proxy Voting During Pandemic |
(32 minutes later) | |
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. | 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’s founders. Democrats pushed through the changes this month over unanimous Republican opposition. | 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’s founders. Democrats pushed through the changes this month over unanimous Republican opposition. |
The Republicans asked a federal judge in Washington to strike down the practice immediately — leaving uncertain the fate of legislation the House plans to take up this week using the new procedures — and to invalidate it permanently. | The Republicans asked a federal judge in Washington to strike down the practice immediately — leaving uncertain the fate of legislation the House plans to take up this week using the new procedures — and to invalidate it permanently. |
The suit will face an uphill battle in the courts, where judges have been reluctant to second-guess Congress’s ability to set its own rules. But it fits into a broader push by Republicans, led by President Trump, to put a cloud of suspicion over Democratic efforts to find alternative ways to vote during the pandemic — both in the House and in elections across the country — portraying them as fraudulent attempts to gain political advantage. | The suit will face an uphill battle in the courts, where judges have been reluctant to second-guess Congress’s ability to set its own rules. But it fits into a broader push by Republicans, led by President Trump, to put a cloud of suspicion over Democratic efforts to find alternative ways to vote during the pandemic — both in the House and in elections across the country — portraying them as fraudulent attempts to gain political advantage. |
Mr. Trump has railed repeatedly in recent weeks against the idea of expanding mail-in voting, and on Tuesday said with no evidence that a plan to allow for the practice in California would lead to a “Rigged Election.” | Mr. Trump has railed repeatedly in recent weeks against the idea of expanding mail-in voting, and on Tuesday said with no evidence that a plan to allow for the practice in California would lead to a “Rigged Election.” |
“No way!” the president wrote on Twitter. | “No way!” the president wrote on Twitter. |
On Sunday, the Republican Party sued Gov. Gavin Newsom and California’s secretary of state in an attempt to strike down an executive order dispatching mail-in ballots to every registered voter there, deriding it as an “illegal power grab” and part of Democrats’ “partisan election agenda.” | On Sunday, the Republican Party sued Gov. Gavin Newsom and California’s secretary of state in an attempt to strike down an executive order dispatching mail-in ballots to every registered voter there, deriding it as an “illegal power grab” and part of Democrats’ “partisan election agenda.” |
Mr. McCarthy echoed that language in a statement on Tuesday accompanying the filing, and called on the House to return to work physically in Washington. | Mr. McCarthy echoed that language in a statement on Tuesday accompanying the filing, and called on the House to return to work physically in Washington. |
On Thursday, Senator Mitch McConnell, Republican of Kentucky and the majority leader, tied the two issues together, saying the House Democrats’ proxy voting plan came from “the people who want to remake every state’s election laws.” He also suggested that his chamber might not take up any legislation passed by the House when a quorum of members was not physically present. | On Thursday, Senator Mitch McConnell, Republican of Kentucky and the majority leader, tied the two issues together, saying the House Democrats’ proxy voting plan came from “the people who want to remake every state’s election laws.” He also suggested that his chamber might not take up any legislation passed by the House when a quorum of members was not physically present. |
“There will be enormous constitutional questions around anything the House does if they fail to demonstrate a real quorum but plow ahead anyhow,” he said. Mr. McConnell has rejected a bipartisan bid to institute remote voting in his own chamber, and has brought the Senate back to work in person. | “There will be enormous constitutional questions around anything the House does if they fail to demonstrate a real quorum but plow ahead anyhow,” he said. Mr. McConnell has rejected a bipartisan bid to institute remote voting in his own chamber, and has brought the Senate back to work in person. |
The new procedures adopted by the House allow any absent lawmaker to designate another member who is physically present to record a vote on his or her behalf, during periods when the speaker, the clerk and the sergeant-at-arms agree there is a state of emergency because of the coronavirus. | The new procedures adopted by the House allow any absent lawmaker to designate another member who is physically present to record a vote on his or her behalf, during periods when the speaker, the clerk and the sergeant-at-arms agree there is a state of emergency because of the coronavirus. |
In the lawsuit filed on Tuesday, Republicans argued that voting by proxy “contravenes the founders’ design” that Congress must meet physically as a body, “subverts the structure of the United States Constitution” and dilutes the voting power of individual members of the House. | In the lawsuit filed on Tuesday, Republicans argued that voting by proxy “contravenes the founders’ design” that Congress must meet physically as a body, “subverts the structure of the United States Constitution” and dilutes the voting power of individual members of the House. |
“Over the course of 231 years, Congress has assembled at the seat of government while war raged in the surrounding environs and deadly contagion spread throughout the country,” Mr. McCarthy and the Republicans wrote in the suit, citing the War of 1812, the Spanish flu and other dangerous episodes when Congress continued to meet. | “Over the course of 231 years, Congress has assembled at the seat of government while war raged in the surrounding environs and deadly contagion spread throughout the country,” Mr. McCarthy and the Republicans wrote in the suit, citing the War of 1812, the Spanish flu and other dangerous episodes when Congress continued to meet. |
“The unbroken American tradition of in-person assembly and voting in Congress confirms the unambiguous text of the Constitution: Proxy voting by members of the House of Representatives is unconstitutional,” they added. | “The unbroken American tradition of in-person assembly and voting in Congress confirms the unambiguous text of the Constitution: Proxy voting by members of the House of Representatives is unconstitutional,” they added. |
Democratic leaders insist that the update to the House rules is a good-faith attempt to put a vital branch of government back to work safely on an emergency basis. In a statement on Tuesday before the suit was filed, Ms. Pelosi said that the House’s position was “fully consistent with the Constitution and is supported by expert legal analyses,” and that the chamber had made “its will clear.” | Democratic leaders insist that the update to the House rules is a good-faith attempt to put a vital branch of government back to work safely on an emergency basis. In a statement on Tuesday before the suit was filed, Ms. Pelosi said that the House’s position was “fully consistent with the Constitution and is supported by expert legal analyses,” and that the chamber had made “its will clear.” |
“House Republicans’ sad stunt shows that their only focus is to delay and obstruct urgently needed action to meet the needs of American workers and families during the coronavirus crisis,” she said. | “House Republicans’ sad stunt shows that their only focus is to delay and obstruct urgently needed action to meet the needs of American workers and families during the coronavirus crisis,” she said. |
Despite the threat, Democratic leaders were moving ahead with plans to deploy proxy voting for the first time on Wednesday. They have already collected letters from at least 50 lawmakers, all Democrats, indicating they may use proxies to cast their votes from home. | Despite the threat, Democratic leaders were moving ahead with plans to deploy proxy voting for the first time on Wednesday. They have already collected letters from at least 50 lawmakers, all Democrats, indicating they may use proxies to cast their votes from home. |
Mr. McCarthy and the other Republicans were joined in the suit by a handful of their constituents who contended that the arrangement undermined the very idea of the House, a body where a single representative speaks on behalf of the constituents who elect him or her. | Mr. McCarthy and the other Republicans were joined in the suit by a handful of their constituents who contended that the arrangement undermined the very idea of the House, a body where a single representative speaks on behalf of the constituents who elect him or her. |
Along with Ms. Pelosi, the suit named Cheryl L. Johnson, the clerk of the House, and Paul D. Irving, the sergeant-at-arms, both of whom play vital roles in carrying out the proxy voting plan. | Along with Ms. Pelosi, the suit named Cheryl L. Johnson, the clerk of the House, and Paul D. Irving, the sergeant-at-arms, both of whom play vital roles in carrying out the proxy voting plan. |
Updated June 22, 2020 | Updated June 22, 2020 |
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. | A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. |
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. | The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. |
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. |
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
At the center of the lawsuit is a constitutional dispute over whether words like “assemble,” “attendance” and “present” included in the Constitution require Congress to physically come together inside the Capitol to conduct business. | |
Republicans argue that they do, and that previous generations of lawmakers facing their own crises as great as the Civil War, the Spanish flu and the War of 1812 never considered questioning whether that was the case. | |
“In an instant, and over the objections of 189 members of the House from both political parties, the 231-year constitutional tradition of in-person assembly, deliberation and voting among the people’s representatives came to an end,” Republicans said in the suit. | “In an instant, and over the objections of 189 members of the House from both political parties, the 231-year constitutional tradition of in-person assembly, deliberation and voting among the people’s representatives came to an end,” Republicans said in the suit. |
Democrats and the constitutional scholars they consulted in drafting the changes take the opposite view, arguing that the Constitution explicitly empowers the House and the Senate to set their own rules, stating in Article I, Section 5: “Each house may determine the rules of its proceedings.” | Democrats and the constitutional scholars they consulted in drafting the changes take the opposite view, arguing that the Constitution explicitly empowers the House and the Senate to set their own rules, stating in Article I, Section 5: “Each house may determine the rules of its proceedings.” |
Just because earlier generations that lacked technology did not consider remote voting does not mean that today’s House should not, they argue. | Just because earlier generations that lacked technology did not consider remote voting does not mean that today’s House should not, they argue. |
Democrats have also already rejected Republicans’ claim that proxy voting dilutes the voices of members of Congress and the people they represent by allowing a single lawmaker to vote for others. On the contrary, they assert, under the present circumstances it actually makes the body more representative. | Democrats have also already rejected Republicans’ claim that proxy voting dilutes the voices of members of Congress and the people they represent by allowing a single lawmaker to vote for others. On the contrary, they assert, under the present circumstances it actually makes the body more representative. |
It is far from assured that a court would weigh in on the issue. Republicans would first have to convince a judge that they have standing to sue, and if they were unsuccessful, the case could get tossed out without any consideration of its merits. | It is far from assured that a court would weigh in on the issue. Republicans would first have to convince a judge that they have standing to sue, and if they were unsuccessful, the case could get tossed out without any consideration of its merits. |
Legal scholars discussing proxy voting in the past have said the courts may be especially reluctant to question Congress’s ability to set its own rules at a time when the courts themselves are taking similar steps to move their proceedings online. | Legal scholars discussing proxy voting in the past have said the courts may be especially reluctant to question Congress’s ability to set its own rules at a time when the courts themselves are taking similar steps to move their proceedings online. |
The conservative constitutional lawyer Charles Cooper brought the suit on behalf of the House Republicans. It is the second time in the past year that Mr. Cooper has filed a lawsuit related to a controversial congressional matter. During impeachment proceedings, he filed a suit that ultimately led to John R. Bolton, the former national security adviser, not testifying against the president. | The conservative constitutional lawyer Charles Cooper brought the suit on behalf of the House Republicans. It is the second time in the past year that Mr. Cooper has filed a lawsuit related to a controversial congressional matter. During impeachment proceedings, he filed a suit that ultimately led to John R. Bolton, the former national security adviser, not testifying against the president. |
Whatever its fate in the courts, the proxy voting case appeared certain to feed into a debate over reopening the country amid the pandemic that has turned decidedly political. On Tuesday evening, just before the suit was filed, Brian Maryott, a Republican challenging a first-term California representative, Mike Levin, issued a statement condemning the congressman for designating a proxy to vote in his place. | Whatever its fate in the courts, the proxy voting case appeared certain to feed into a debate over reopening the country amid the pandemic that has turned decidedly political. On Tuesday evening, just before the suit was filed, Brian Maryott, a Republican challenging a first-term California representative, Mike Levin, issued a statement condemning the congressman for designating a proxy to vote in his place. |
“If Mike is dead-set on allowing someone else to represent our district in Washington, I will volunteer to go in his place,” Mr. Maryott said, “and voters should keep that in mind in November.” | “If Mike is dead-set on allowing someone else to represent our district in Washington, I will volunteer to go in his place,” Mr. Maryott said, “and voters should keep that in mind in November.” |
Emily Cochrane contributed reporting. | Emily Cochrane contributed reporting. |