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Culture War Roundup for the week of March 31, 2025

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While eyes are on Trump and tariffs and all that, there is a minor crisis brewing in the House on proxy voting.

For background, the Constitution provides little substantive guidance for how to run the legislature other than Each House may determine the Rules of its Proceedings, which in practice has been taken to mean that they can make and remake their own rules by a majority vote at any time. One aspect of this is that they need rules to do anything -- without a resolution adopting rules of procedure, the House cannot take up any business. Another facet of the rules (as they are today) is that the Speaker sets the agenda and controls what comes to a vote (and the rules for bringing amendments and so forth). This lead famously to the "majority of the majority" calculation -- a bill must have an absolute majority to pass but it must also have a majority of the majority to be put forth by their leadership to even get a vote. A curious exception to this is the "discharge petition" -- effectively a way for a majority of Representatives to force the leadership to put a particular matter up for vote without delay. Once presented with sufficient votes, a discharge petition is privileged from being preempted by other business.

So with all that parliamentary background aside, here's where we are: a (now former) member of the freedom caucus with an solid conservative voting record is leading the charge to allow new parents to designate another member of the House as their proxy to vote on their behalf for 12 weeks after the birth of their child. The GOP leadership refused to put it up for a vote so she got 218 votes to discharge it, which means (under the current rules) the House has vote on it within 2 weeks.

Instead of taking the L, GOP leadership tried to play hardball and brought up a procedural rule to forbid the use of discharge petitions entirely. I found the text here. This apparently rankled enough republicans (changing the rules on what can be voted for because you're about to lose a vote is still frowned upon) to vote against the procedural rule, which in turn means the House is stuck. At that point, Johnson had no option but to adjourn till next week to buy time.

So basically this issue has frozen the House, right at the point where we might need a functioning Congress.

Tallying it up, I see a decent number of conservatives whose opposition to proxy voting for new parents is such that they won't accept any rules resolution in which it might come up for a vote (because they wouldn't accept losing that vote). On the other side, with Luna is is Trump who weight in saying (direct quote, because he's always quotable) "I like the idea of being able to โ€” if youโ€™re having a baby, I think you should be able to call in and vote. Iโ€™m in favor of that".

Editorializing a bit, for me the Article I framing firmly puts the procedural rules outside the realm of constitutional or judicial reckoning and makes it a political matter. Hence, I find the legalistic arguments on it to be misplaced -- it's not a legal matter. On the policy, it seems reasonable enough for the House to make a point of being pro-natal and I think voters can throw out any representative if they don't like her votes (by proxy or otherwise) in the next election.

I also think embedding a substantive proposal into a rule is pretty silly -- maybe I'm procedure-brained (or WEIRD) but this is just pants

SEC. 5. (a) House Resolution 23 and House Resolution 164 are laid on the table.

(b)(1) A motion to discharge a committee from con-
sideration of a bill or resolution that, by relating in sub-
stance to or dealing with the same subject matter, is sub-
stantially the same as House Resolution 23 shall not be
in order.

(b)(2) A motion to discharge the Committee on Rules
from consideration of a resolution providing a special
order of business for the consideration of a bill or resolu-
tion that, by relating in substance to or dealing with the
same subject matter, is substantially the same as House
Resolution 23 shall not be in order.

(c) A motion to discharge on the Calendar of Motions
to Discharge Committees that is rendered out of order
pursuant to subsection (b) shall be stricken from that cal-
endar.

Instead of designating a proxy, why couldn't they cast votes over a video link?

(That also gives you the side benefit referred to in technicalese as 'continuity-of-government' and in English as 'not having your entire legislature within one blast radius'.

That would be an even more radical change to the rules of the House.

Proxy voting is seen (perhaps wrongly) as a more conservative alternative in which votes are still fundamentally cast in person with a roll call.

In the age of deepfakes? Untenable.

When it comes to political process you either go simple as dirt or giga-hardened. Either votes are only valid if emitted through some state of the art cryptography or you have to be face to face.

Otherwise you'll end up with your representatives just being video feeds.

The best security is still a locked door and an armed guard where only a few people have the key, and the guard is not one of them.

I would assume the video feed would be authenticated (in addition to everything else) by a physical token that the representative has to retrieve at the point of swearing in. But anyway, for reasons I added above, this is extremely unlikely -- far more so than the modest request for new mothers not to have to fly to DC with a newborn under 12 weeks.