In an historic first, yesterday, the U.S. House of Representatives voted 216-210 to oust Representative Kevin McCarthy (R-CA) as Speaker of the House, leaving one half of the legislative branch and congressional Republicans without an elected leader.
U.S. Representative Matt Gaetz (R-FL) filed the motion to vacate the office of the speaker, after then-Speaker McCarthy negotiated with Democrats to pass an 11th hour continuing resolution to fund the federal government for 45 days, averting a government shutdown.
Representative Gaetz was joined by seven other Republicans—Representatives Andy Biggs (R-AZ), Ken Buck (R-CO), Tim Burchett (R-TN), Eli Crane (R-AZ), Bob Good (R-VA), Nancy Mace (R-SC) and Matt Rosendale (R-MT)—and all 208 Democrats who voted in removing the speaker. McCarthy will continue as a rank-and-file member of the House if he chooses to remain in office.
Following a bruising 15-ballot vote to become speaker in January, McCarthy named a successor as required by House rules following the terrorist attacks on September 11, 2001. Since 2003, House rules have required newly elected speakers to submit to the House Clerk a list of names of members to act in the case of a possible vacancy. According to Rule I, clause 8 of the House rules, the next person on that list “shall act as Speaker pro tempore until the election of a Speaker or a Speaker pro tempore.” The first name on the list that then-Speaker McCarthy submitted was Representative Patrick McHenry (R-NC). Representative McHenry will now serve as a temporary replacement under House rules.
Unlike in January, when the House started a new session and could not start any legislative business until a speaker was elected to swear in new members and pass the rules package necessary to consider any legislation, it’s unclear what happens next. House rules do not provide a timeframe to elect a new speaker, but as a practical matter, the House will want to elect a new speaker quickly in order to fulfill its core legislative functions—including passing appropriations bills or a continuing resolution to once again avert a government shutdown in 44 days.
While Rep. McHenry can serve in the speaker pro tempore role indefinitely, he does not have the full power of a duly elected speaker but only those that are deemed “necessary and appropriate” for the purpose of electing a new speaker, according to the current rules governing the House. Rep. McHenry will be unable to bring legislation to the floor, nor will he have the power to issue subpoenas or sign off on any other official House business that would require the approval of the speaker. The House would have to agree to rule changes to expand the powers of the speaker pro tempore with a simple majority vote.
Early reporting suggests that two leading speaker candidates have emerged: House Majority Leader Steve Scalise (R-LA) and Judiciary Chair Jim Jordan (R-OH), though it’s unclear if either could command the necessary votes to win. Other potential candidates include Rep. McHenry, Republican conference chair Elise Stefanik (R-NY), House Majority Whip Tom Emmer (R-MN), Republican Study Committee Chair Kevin Hern (R-OK), and House Budget Chair Jodey Arrington (R-TX). Rep. McCarthy immediately removed his name from consideration after a number of House Republicans signaled their support for his running to reclaim the speakership.
Immediately after being named speaker pro tempore, Rep. McHenry recessed the House until October 10, when the leadership election is expected to begin. Argentum will monitor this situation and will continue working to advance our legislative priorities—workforce development, increasing access to, and affordability of, senior living, common sense immigration reforms, and veterans’ access to assisted living. The legislative process might be in a standstill until a new speaker is elected, but important work behind the scenes will continue.