Kevin Owen McCarthy, et al. v. Nancy Pelosi, in Her Official Capacity as Speaker of the House, et al.

In May 2020, the U.S. House of Representatives passed a resolution to allow Members to cast floor votes by proxy. The unprecedented resolution permits a single Member to vote on behalf of 10 absent Members. In this action against the Speaker, the Clerk, and the Sergeant-at-Arms in their official capacities, Petitioners ask for a declaration that the proxy voting resolution is unconstitutional, as well as injunctive relief. The court below ruled that the Speech or Debate Clause insulated the resolution from review. Contravening this Court’s precedents, it held that collecting proxy letters, making public health declarations, and other acts by House employees necessary to effectuate the resolution were privileged acts. Eluding constitutional scrutiny, the House’s practice of operating in absentia continues. The questions presented are:

1. Does the Speech and Debate Clause foreclose judicial review of the constitutionality of the proxy voting resolution in this action against the Speaker, the Clerk, and the Sergeant-at-Arms?

2. Is the proxy voting resolution unconstitutional?