A group of Republican lawmakers filed a lawsuit against House Speaker Nancy Pelosi over the chamber’s new proxy voting system, a challenge to the rule that is set to be used for the first time Wednesday.

The lawsuit, led by House Minority Leader Kevin McCarthy, outlines this argument and details that under the Constitution, a majority of lawmakers must be present to take up business and vote on legislation

“It is a brazen violation of the Constitution, a dereliction of our duty as elected officials, and would silence the American people’s voice during a crisis,” McCarthy, R-Calif., said in a statement officially announcing the lawsuit.

“Although I wish this matter could have been solved on a bipartisan basis, the stakes are too high to let this injustice go unaddressed.”

Twenty House Republicans signed on to the lawsuit, including Minority Whip Steve Scalise, R-La., and GOP Conference Chairwoman Liz Cheney, R-Wyo. Four members of the public, each from a different state, also signed on.

The lawsuit argues that changes to the way the House votes were not enacted during times of war or previous pandemics, such as the Spanish flu, which killed about 50 million people worldwide. The same can be said after the terror attacks on Sept. 11, 2001.

But Nancy Pelosi said in a statement that the lawsuit won’t block the House from moving forward. “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,” so she said

The House’s position that remote voting by proxy during a pandemic is fully consistent with the Constitution is supported by expert legal analyses.”

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