Federal Judge Rules Proxy Votes Can't Count Toward House Quorum

A federal judge in Texas ruled on Feb. 26 that proxy votes made in the House of Representatives during the COVID pandemic should not have counted toward the body's quorum, which calls into question the validity of votes during that period and opens the door to potential legal challenges.

Some will read this and interpret the decision to mean that every single piece of pandemic-era legislation is now ripe for legal challenges.

The rule allowing everyone to vote by proxy was introduced by Democrats in 2020 and allowed the House to pass legislation without a physical quorum of members present.

Judge James Wesley Hendrix is saying, "Not so fast."

"Supreme Court precedent has long held that the Quorum Clause requires presence, and the Clause’s text distinguishes those absent members from the quorum and provides a mechanism for obtaining a physical quorum by compelling absent members to attend," Hendrix wrote.

What kind of impact do you think Hendrix's decision could have in the near future?

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