The House mask mandate implemented by Speaker Nancy Pelosi does not violate lawmakers’ First Amendment rights, a judge ruled Thursday, tossing out a lawsuit by three Republicans who argued the rule was unconstitutional.
In an opinion released Thursday, Judge Reggie Walton of the U.S. District Court for the District of Columbia rejected the lawsuit filed by Reps. Thomas Massie of Kentucky, Marjorie Taylor Greene of Georgia, and Ralph Norman of South Carolina, arguing that they offered “vague, generalized, and unsupported arguments.” The three lawmakers claimed the mandate violated their First Amendment rights and that Pelosi “improperly” issued fines against them for each infraction.
“The plaintiffs had myriad means of expressing their stated messages, including wearing masks or other clothing containing the messages they wanted to convey, or making speeches from the House Chamber or elsewhere on the subject,” Walton wrote. “On the other hand, to permit the plaintiffs not to wear masks would defeat the very purpose of the mask policy, i.e., limiting the spread of the virus to other House Members and staff.”
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The House mask mandate initially went into effect in January 2021 and requires that all members wear face coverings at all times. As part of that order, the House also enacted a resolution authorizing the House sergeant-at-arms to impose a fine against any lawmaker who refuses to comply with the rule meant to stem the spread of COVID-19.
The three Republicans entered the House chamber from May 18-19 of last year without face coverings to “engage in symbolic protest speech,” according to their lawsuit. Although they acknowledged the protest violated the mandate, the Republicans argued it did not disrupt official business.
The House rolled back its mask mandate in June 2021 for vaccinated individuals — only to reinstate it completely one month later in response to a surge in COVID-19 cases. The Senate never implemented a mask mandate.
Because of the violations, the lawmakers racked up hefty fines that were deducted from their paychecks, prompting them to argue that the punishments and mask mandate violated their 27th Amendment rights.
“[The mandates] have been weaponized on a partisan basis to punish political opponents, based on their viewpoints, and all in an effort to force the minority party to conform to the majority’s political views,” they argued.
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However, Walton found that the fines imposed did not violate the lawmakers’ rights and dismissed each of their complaints.
The House announced it would lift its mask mandate Feb. 27, just days ahead of President Joe Biden’s State of the Union address. This followed the Centers for Disease Control and Prevention loosening guidelines that lowered the criteria for low- to medium-risk areas, resulting in the lifting of mask recommendations across much of the country.
