A Republican lawmaker hinted the Supreme Court could be the final destination as he and others appeal a judge’s rejection of a lawsuit arguing the House mask mandate implemented last year violated their First Amendment rights.
Reps. Marjorie Taylor Greene, Thomas Massie, and Ralph Norman have indicated they intend to take their case to the highest levels, filing a Thursday appeal to an order from Judge Reggie Walton of the U.S. District Court for the District of Columbia and suggesting that they’re prepared to pursue the matter with the high court if necessary.
“The judge came to the tortured conclusion that collecting mask fines by direct reduction of members’ salaries did not constitute reductions in salary, which is otherwise prohibited by the Constitution,” Massie told the Washington Examiner. “We are glad to have a ruling that gets us one step closer to the Supreme Court, where we believe a plain reading of the Constitution will clearly show Speaker Pelosi has violated the Constitution.”
JUDGE TOSSES GOP LAWSUIT AGAINST PELOSI OVER HOUSE MASK MANDATE
But others suggested victory could come sooner, with a representative for Greene telling the Washington Examiner, “Congresswoman Greene believes the lawsuit will prevail in appeal.“
On Wednesday, Walton rejected the trio’s argument the mask mandate was unconstitutional, saying they offered “vague, generalized, and unsupported arguments.” The lawmakers appealed the decision a day later.
House Speaker Nancy Pelosi “improperly” issued fines against them after they repeatedly violated the mask order, the three Republicans claimed in their lawsuit. Because of their noncompliance, the lawmakers racked up hefty fines that were deducted from their paychecks, prompting their protestations that the fines over the mask mandate violated their 27th Amendment rights.
The House mask mandate initially went into effect in January 2021, and it required all members to 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 refused to comply with the rule, meant to stem the spread of COVID-19.
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The three Republicans entered the House chamber from May 18 to May 19 of last year without face coverings to “engage in symbolic protest speech,” according to their lawsuit. Although they acknowledged they violated the mandate, they argued their actions 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 trio filed the lawsuit in July 2021, one day before the mandate was reinstated.
