NEW: The Supreme Court has declined to hear Kevin McCarthy's lawsuit challenging voting by proxy in the House — which many lawmakers see as critical to minimizing coronavirus spread in Congress.
The decision leaves in place a way to vote on legislation that many lawmakers see as critical to minimizing the spread of coronavirus in Congress – and one that even critics have taken advantage of.
The House, where the rules are decided by the controlling party — in this case Democrats, recently took to combat the virus amid the Omicron surge, including placing restrictions on congregating in the chamber.that the House's internal decision-making is not subject to judicial review under the Constitution's Speech or Debate clause.
The lawsuit argued proxy voting rules are unconstitutional because the Constitution requires the House to have a physical quorum to conduct business.Roughly 80% of members, including many Republicans who signed onto the lawsuit, have used proxy voting as of December,
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