Judge Dismisses GOP Lawsuit Against Pelosi Over House Mask Requirement

A judge recently ruled that House Speaker Nancy Pelosi’s mask mandate did not violate legislators’ First Amendment rights and dismissed a case filed by three Republicans who claimed the regulation was illegal. The Washington Examiner reports the lawsuit was filed by Representatives Thomas Massie of Kentucky, Marjorie Taylor Greene of Georgia, and Ralph Norman of South Carolina. The suit was dismissed last week by Judge Reggie Walton of the United States District Court for the District of Columbia.

The three legislators asserted that the rule infringed on their First Amendment rights and that Pelosi “improperly” imposed fines for each violation. However, Walton contended that they presented “vague, generalized, and unsupported arguments.” He stated:

 “The plaintiffs had myriad means of expressing their stated messages, including wearing masks or other clothing containing the messages they wanted to convey, or making speeches from the House Chamber or elsewhere on the subject. On the other hand, to permit the plaintiffs not to wear masks would defeat the very purpose of the mask policy, i.e., limiting the spread of the virus to other House Members and staff.

The House began requiring all members to wear facial coverings in January 2021, and a resolution was passed allowing the House sergeant-at-arms to levy a fine on any legislator who refused to follow the rule. On May 18-19 of last year, the three Republicans entered the House chamber without facial coverings to “engage in symbolic protest speech.” They asserted that the demonstration did not impede official business. 

The trio was hit with substantial fines that were withheld from their salaries as a result of their protest, causing them to contend that the penalty and mask rule infringed on their 27th Amendment rights. They said, “[The mandates] have been weaponized on a partisan basis to punish political opponents, based on their viewpoints, and all in an effort to force the minority party to conform to the majority’s political views.” Walton ruled that the fines did not infringe on the legislators’ rights and rejected their concerns.

The House lifted its mask mandate on February 27 following new guidance from the Centers for Disease Control and Prevention, just before President Biden’s State of the Union address.

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