“Although the Constitution allows Congress to write its own rules, those rules cannot violate the Constitution itself,” Mr. McCarthy said in a statement, “including the requirement to actually assemble in person.”
House Democrats implemented the special rules in May 2020, allowing lawmakers who were not present to designate other members as proxies who would cast their votes according to specific instructions. They have argued that the changes are necessary for safety reasons, given the danger of traveling in a pandemic and the need for social distancing. They have also noted that a number of Republican lawmakers have refused to share their vaccination status or wear masks in the crowded rooms of Congress.
It is unclear how long the measure, which was presented as a temporary one, might last.
Republicans, led by Mr. McCarthy, quickly filed suit. They argued that the nation’s founders had intended for Congress to meet in person, and argued that the proxy voting system violated constitutional principles. They have also promised to immediately return to normal voting procedures if they retake the majority next year.
The system, which has also allowed members of Congress for the first time to conduct remote committee hearings and file bills electronically, has been used by lawmakers in both parties for purposes other than its intended one. Some members have used remote voting to save them the hassle of traveling from their districts to Washington, while others have used it to be able to cast a vote while attending political events. And it has served the interests of Speaker Nancy Pelosi, who can ill afford absences in Democratic ranks given her slim majority in the House.