The Rogers Readout: 5/12/24

Overview:

Though last week was a short, Congress tied up many loose ends—or nearly so. The House defeated Rep. Greene (R-GA)’s attempt to overthrow Speaker Johnson (R-LA) when 196 Republicans were joined by 163 Democrats in tabling her so-called “motion to vacate.” The issue may keep coming up however—see below for more.

The long stalled five-year FAA Reauthorization passed the Senate overwhelmingly, despite the strident opposition of Virginia and Maryland Senators. In addition, the  House and Senate passed a short-term extension of the FAA Reauthorization to set up possible enactment of the longer-term bill next week.

A few nominations also were considered in the Senate. Across the Capitol, the House Republican majority moved legislation on mining, counting citizens in the census, and the Hands Off Our Home Appliances Act. These bills are deemed by many Washington insiders to be messaging efforts because they appeal to Republican constituencies and are unlikely to be considered by the Democratic majority in the Senate.

President Biden made news by holding up some military weapons going to Israel, sparking ire from pro-Israel Representatives and Senators. Recall that the Congress enacted supplemental appropriations for Israel a few weeks ago. Former President Trump’s hush money trial continued, but his other trials have been indefinitely delayed.

There are just 27 legislative days where both the House and Senate will be in session until the August recess, with a few more days when each body meets when the other does not. The Republican National Convention starts in 64 calendar days on July 15th; the Democratic National Convention begins in 99 calendar days on August 19th. The 2024 elections are just shy of 6 months away on November 5th.

Speaker Survives for Now: Back on March 22nd, Rep. Greene filed H. Res. 1103, which the press erroneously called the “motion to vacate” (MTV). It is not actually a motion, but a House resolution declaring the Office of the Speaker to be vacant.

On March 22nd, the resolution was referred to the House Committee on the Rules.

A resolution to declare the speakership vacant falls into a special category of legislation known as questions of privilege. As a question of the privileges of the House, a resolution to declare the speakership vacant may be considered immediately if offered by the Majority Leader or Minority Leader. For other Members, they must announce to the House the intention to offer the resolution and its form. Upon doing so, it gains precedence over all other questions other than motions to adjourn to a time or place, and it must be considered within two legislative days. (House Rule IX; see House Rules and Manual, §699, §701)

Since March 22nd, there have been weeks of weeks of speculation over “will she/won’t she” push for the ouster of Speaker Johnson (R-LA). Rep. Greene appeared in the press often and many House Members offered opinions about the matter.

Just as the press began to say there appeared to be some détente being found, Rep. Greene filed a new resolution on March 8th declaring the office of the Speaker to be vacant (H. Res. 1209). Then on the same day, Greene moved forward in her attempt to remove Johnson as Speaker:

• Ms. GREENE of Georgia. Mr. Speaker, pursuant to clause 2(a)(1) of rule IX, I seek recognition to give notice of my intent to raise a question of the privileges of the House. The form of the resolution is as follows: House Resolution 1209. . . . Now, therefore, be it Resolved, That the office of Speaker of the House of Representatives is hereby declared to be vacant.      --RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE; Congressional Record Vol. 170, No. 80, pages H2978-H2981 (House – May 8, 2024). 

Recall that H. Res. 757, the resolution for the removal of then-Speaker McCarthy (R-CA), passed with the support of 208 Democrats and eight Republicans, while 210 Republicans voted against. However, this time around, House Democratic Leadership sent a clear message they would vote against Greene’s resolution.

• At this moment, upon completion of our national security work, the time has come to turn the page on this chapter of Pro-Putin Republican obstruction. We will vote to table Rep. Marjorie Taylor Greene’s Motion to Vacate the Chair. If she invokes the motion, it will not succeed.  —Link here.

Most Washington insiders were not surprised to see the Speaker – knowing he had a strong hand and likely not wanting to let opposition build – immediately schedule the vote to table.

Greene’s “Sword of Damocles” resolution lost its edge when it hit the table by a vote of 359 Yeas to 43 Nays. Eleven Republicans and 32 Democrats voted against the motion to table, seven Democrats voted Present, and 21 Representatives from both parties did not vote.

The tabling of H. Res. 1209 ends its ability to remove Speaker Johnson—but he may still face removal in the future. This is for two reasons. First, House precedents allow for a question of the privileges of the House that has been tabled to “be rephrased and presented anew or reoffered on a subsequent day.” 5 Hinds §5438; see House Rules and Manual, §713; see also Sullivan, Wickham and Smith, House Practice: A Guide to the Rules, Precedents, and Procedures of the House, 118th Congress, Ch. 42, §15, at 769.  

Second, the Rules of the House continue to allow for any Representative to do their own resolution declaring the office of Speaker of the House of Representatives to be vacant. With such a razor thin Republican majority and 11 Republicans opposing the motion to table Greene’s resolution, it is unclear if Democrats would support Johnson if a subsequent resolution comes to the House floor. Memories of bipartisanship over Ukraine and other funding agreements could fade. Moreover, the Congress is entering the most political part of the two-year Congress where tensions between the parties could run even hotter than the simmering animosity present since January 2023 (and before).

FAA Reauth: Running up against a deadline of May 10th, the Senate passed H.R. 3935, the full five-year FAA reauthorization, on Thursday by a vote of 88-4. Virginia’s and Maryland’s Senators opposed the bill over the expansion of flights into DCA. The House previously passed its version of the bill by a vote of 351-69. To provide time for the House to work its will, the Congress enacted yet another short-term extension pushing the deadline out by a week. Many Washington insiders expect the Senate-passed legislation to be adopted by the House next week, but as with many bills in the 118th Congress, what seems likely is never certain.

Perhaps foreshadowing that nothing is a done deal yet, Senate Commerce Committee Chair Cantwell (D-WA) said:

• The American people expect and deserve the safest, most reliable and modern aerospace system in the world and this landmark bill is intended to deliver just that. Our bipartisan legislation sets clear priorities to strengthen aviation safety standards, implement new safety technology, hire more Air Traffic Controllers and safety inspectors, give passengers a guaranteed right to a refund, advance innovation and modernize our air travel infrastructure nationwide. With tonight’s overwhelming vote, we are one step closer to getting this bill onto the president’s desk.” (emphasis added)
  

Commerce Ranking Member Cruz (R-TX) said:

• It was a privilege to lead this significant piece of bipartisan legislation. It included hundreds of key priorities from across the political spectrum and touching every state in the nation. . . . My bipartisan legislation will greatly benefit Texas’s thriving aviation industry by enabling testing for various cutting-edge technologies, improving critical infrastructure at airports across the Lone Star State, and making possible a direct flight from San Antonio International Airport to Ronald Reagan Washington National Airport.

Sen. Cruz is up for re-election. His strong push for a prompt, bipartisan vote on the longer-term FAA bill caused some Senators to note the irony because of Cruz’s past willingness to create obstacles to the passage of other Senators’ legislation.

What’s percolating in Congress:

The House returns to session on May 14th. In addition to the FAA bill discussed above, the House will consider a number of consumer safety, law enforcement, and immigration bills. Next week is National Police Week in Washington with a Memorial on the Capitol Grounds and other observances. The House additionally will consider the Coast Guard Authorization Act. Finally, the House also will consider H.R. __ - Israel Security Assistance Support Act, which: (1) reiterates the facts of the attacks on Israel by Hamas, Iran, and Iran’s proxies; (2) notes the annual and supplemental security funding Congress has provided Israel; and (3) “condemns the Biden Administration’s decision to pause certain arms transfers to Israel . . . .”

The Senate also will return to session on May 14th, with a vote teed up on the motion to invoke cloture (cuts off debate) on the nomination of Courtney Diesel O'Donnell to be U.S. Permanent Representative to the U.N. Educational, Scientific, and Cultural Organization. The rest of the Senate schedule for next week is not known at the time of writing, but additional nominations are likely.