House Democrats want to dispel any “confusion” over the role of interim speaker as the fight to replace Rep. Kevin McCarthy (R-CA) is poised to drag on for weeks.
In a memo circulated Thursday night, Democrats on the Rules Committee make the case that Rep. Patrick McHenry (R-NC), who became speaker pro tempore on Tuesday following McCarthy’s ouster, has limited power to conduct House business.
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McHenry has done little more than gavel the chamber in and out of session since assuming that title, but his decision to boot former Speaker Nancy Pelosi (D-CA) and her ex-deputy Rep. Steny Hoyer (D-MD) from their ancillary offices at the Capitol alarmed Democrats, who fear he may push the boundaries of his role as the speaker’s race grinds the chamber to a halt.
As though to put a finer point on it, Democrats have begun appending “acting” to the front of McHenry’s title, since the rule governing his appointment leaves open the possibility of selecting another caretaker in his place.
“The authority of the acting speaker pro tempore is strictly ministerial and the position’s sole role is to guide the House toward the election of a new speaker or speaker pro tempore,” reads the memo.
The selection of McHenry, who appeared first on a succession list McCarthy submitted to the House clerk in January, is unprecedented in American history. A speaker had never before been removed from his post, and each step McHenry takes in the interim sets a precedent should the situation arise again.
Republicans, who hold a tenuous four-seat majority in the House, are moving quickly to replace McCarthy, with a candidate forum scheduled for Tuesday and an internal election on Wednesday. But the race has no clear front-runner as Majority Leader Steve Scalise (R-LA), the establishment pick, competes for votes with Judiciary Committee Chairman Jim Jordan (R-OH), the favorite among Trump loyalists.
Rep. Kevin Hern (R-OK), the head of the conservative Republican Study Committee, is also expected to join the race.
Further complicating matters, a bloc of Republican centrists is demanding a rules change so a single member can no longer call a no-confidence vote. That rule, invoked by McCarthy antagonist Rep. Matt Gaetz (R-FL), led to the speaker’s downfall as eight hard-liners joined with Democrats to boot him from his leadership post.
At least some Republicans appear to share Democrats’ view on the powers of a speaker pro tempore. Rep. Chip Roy (R-TX), a member of the Rules Committee, described McHenry as nothing more than a “figurehead.”
“Under our interpretation of the rules, he does not have the power to move bills on the floor,” Roy told Politico.
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Democrats note the rule, passed in 2003 following the 9/11 terrorist attacks, was envisioned for a scenario in which the speaker had been incapacitated or killed in an attack or some other catastrophe.
The speaker is the second in the line of presidential succession, behind the vice president.
