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McCARTHY v. PELOSI

No. 20-5240.

5 F.4th 34 (2021)

Kevin Owen McCARTHY, The Honorable, in his official capacity as House Minority Leader and Member of the United States House of Representatives for the California 23rd Congressional District, et al., Appellants v. Nancy PELOSI, The Honorable, in her official capacity as Speaker of the House of Representatives and Member of the United States House of Representatives for the California 12th Congressional District, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2021.

Attorney(s) appearing for the Case

Charles J. Cooper argued the cause for appellants. With him on the briefs were Michael W. Kirk , Harold S. Reeves , J. Joel Alicea , Steven J. Lindsay , and Elliot S. Berke.

John C. Eastman and Anthony T. Caso were on the brief for amici curiae Center for Constitutional Jurisprudence, et al. in support of appellants.

Douglas N. Letter , General Counsel, U.S. House of Representatives, argued the cause for appellees. With him on the brief were Todd B. Tatelman , Principal Deputy General Counsel, Megan Barbero and Josephine T. Morse , Deputy General Counsel, Adam A. Grogg , Assistant General Counsel, William E. Havemann , Associate General Counsel, Michael R. Dreeben , Samantha M. Goldstein , Kendall Turner , Ephraim A. McDowell , Anna O. Mohan , and Alec Schierenbeck.

Before: Srinivasan, Chief Judge, Rogers and Walker, Circuit Judges.

In response to the COVID-19 pandemic, the House of Representatives adopted a Resolution enabling Members who are unable to attend proceedings in person to cast their votes and mark their presence by proxy. A number of Representatives and constituents challenge the constitutionality

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