Who Were Those Unmasked Men (And Woman)?

The United State Court of Appeals for the District of Columbia Circuit affirmed the dismissal of a suit brought by the House members who were fined $500 for refusing to wear masks

The Representatives challenge the adoption and enforcement of the Resolution, which required wearing a mask in the Hall of the House. We cannot consider the merits of the Representatives’ constitutional arguments because their suit concerns legislative acts protected by the Speech or Debate Clause.

Suit

A few months after the Resolution took effect, Representatives Marjorie Taylor Greene, Thomas Massie, and Ralph Norman protested the Resolution by entering the House floor to vote without wearing masks. The Sergeant-at-Arms fined the Representatives. After the House Ethics Committee denied their appeals, the Chief Administrative Officer deducted the $500 fine from their July 2021 paychecks.

The Representatives sued the Speaker of the House, the Sergeant-at-Arms, and the Chief Administrative Officer, claiming the adoption and enforcement of the Resolution violated the First Amendment, the Twenty-Seventh
Amendment, the Discipline Clause, the Compensation Clause, and the Presentment Clause. The district court held the suit barred by the Speech or Debate Clause and dismissed for lack of subject matter jurisdiction.

Circuit Judge Rao authored the opinion. (Mike Frisch)