The Supreme Court on Monday rejected a challenge from three House Republicans who were fined for not going through security scanners before entering the chamber following the Jan. 6, 2021, riot at the U.S. Capitol.
Reps. Andrew Clyde of Georgia, Lloyd Smucker of Pennsylvania and then-Rep. Louie Gohmert of Texas had asked the high court to take up an appeal from the D.C. Circuit Court of Appeals, which rejected getting involved in the dispute, citing the Constitution’s Speech or Debate Clause. Essentially, the ruling means the courts won’t review Congress’ internal workings.
The high court declined Monday to get involved without comment, rejecting the Republicans’ case. It would have taken four justices to vote in favor of hearing the dispute for oral arguments to have been scheduled.
The members had sued then-House Sergeant at Arms William Walker, who was in charge of implementing the magnetometers at chamber entrances, and Catherine Szpindor, chief administrative officer who controls the payment of salaries from which the fines were deducted.
Both answered to then-House Speaker Nancy Pelosi, California Democrat.
The House in February 2021 passed a rule that required representatives to be fined $5,000 for avoiding security screenings following the Jan. 6 riot. A subsequent offense would result in a $10,000 fine.
The lawmakers who were fined argued that the reduction violates the 27th Amendment for “varying” their pay. The 27th Amendment governs when laws setting the pay for lawmakers can be implemented.
In their reply, Mr. Walker and Ms. Szpindor had told the justices not to take the case because the rule was not currently in place.
“As a matter of interbranch comity, this Court should not review an internal House rule that is no longer in effect and that regulated the security of Members while they were in the House Chamber,” their filing read.
They also noted the justices refused in February to get involved in another congressional dispute over docked pay resulting from violating the House’s mask mandate.
