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McCarthy Ousted, Legislation Frozen - What Does This Mean for Americans?

Former Speaker of the House, Kevin McCarthy, delivers remarks to the media on Friday, May 26, 2023 (Image courtesy of the Office of the Former Speaker of the House, Kevin McCarthy).

With no permanent speaker in line, passing important legislation that may be key to avoiding a looming government shutdown must be put on hold.

Article by Julia O’Keefe, Senior Congressional Correspondent

WASHINGTON - Kevin McCarthy was ousted from his seat as Speaker of the House Oct. 3 after a House vote of 216-220. This is the first time a speaker has ever been ousted in history, with seven of McCarthy’s own Republican party members siding with Democrats to vote him out of the speaker seat. An election for a permanent speaker will take place once the House decides a clearer path forward. Until then, the House will ultimately be paralyzed and unable to pass any legislation. 

According to Rule I, Clause 8 of the House Rules, the seat goes to the top name on a list of replacements McCarthy submitted in case this situation arose. Rep. Patrick McHenry of North Carolina will serve as McCarthy’s temporary replacement, however, this leaves America in a historically unprecedented situation. 

McHenry is leading Congress into largely uncharted territory while they wait to elect a permanent speaker. His position is meant to be only short-term, but there is no timeline for when a permanent speaker will be elected at this time. There are no rules for how long a House speaker can lead pro tempore before a permanent speaker must be elected. 

According to Catholic University professor and author Matthew Green, per NBC, “There is no time frame that the House must follow to elect a new speaker,” Green said. “However, as a practical matter, the House will want to elect a new speaker quickly in order for the chamber to move forward with its legislative business.” 

With no permanent speaker elected, the House will not be able to move forward with government funding bills despite the Nov. 17 deadline to allocate additional funds or face a partial government shutdown looming ahead. 

Even with a speak pro tempore, only committee work is allowed to proceed. After narrowly avoiding a government shut-down last week, Congress will have to pass legislation to fund the government in order to avoid one in November. However, a paralyzed House may sway things negatively. Now, lawmakers’ priority has shifted to finding a new speaker. 

Republican lawmakers expect to take at least a week to appoint a new, permanent speaker, interfering with time needed to pass required legislation. 

As far as next steps, each party convened to discuss a candidate for speaker. For Democrats, Minority Leader Hakeem Jeffries takes the top spot, having already run against McCarthy for speaker in January. For Republicans, however, the choice is a bit less clear. As acting speaker, McHenry has the advantage. McCarthy has announced that he will not run again. 

Chief of staff Dee Stewart said of McHenry via AP News, “He’s demonstrated a tremendous acumen as a member of Congress and is widely respected by most everyone who deals with him.”

Once both party leaders decide when they are prepared to move forward with electing a speaker, the timeline of choosing a new speaker will be more clear.