Republicans float repealing motion to vacate rule that led to McCarthy ouster

As House Republicans vet candidates to replace Rep. Kevin McCarthy (R-CA) as speaker, some GOP lawmakers are considering raising the threshold required to make a motion to vacate, which could prevent a replay of McCarthy’s ouster.

When McCarthy ran for speaker in January, the California Republican made a number of concessions to rank-and-file lawmakers in exchange for their support in the leadership elections. Part of that deal was a rule change to allow a single member to raise a motion to vacate, which would then force a vote on the measure.

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Now, some of McCarthy’s closest allies and top Republicans are suggesting repealing that rule altogether, arguing it makes it too difficult to govern.

“We can’t put a new speaker in place with this structure that is completely dysfunctional. You can’t do that. That’s wrong. It would be unjust to another speaker,” Rep. Garrett Graves (R-LA) said. “Let’s keep in mind, there is a conference rule that says that you cannot bring a motion to vacate without the support of the conference.”

Some members indicated that rule could be up for negotiation as they consider a new speaker, noting it would likely be something candidates would run on as part of their platform.

“I guess that’ll be negotiated by whoever wants to run as part of trying to get the votes,” Rep. Scott Perry (R-PA) said. “We’ll see how that goes.”

“I think they’ll reconsider some things,” added Rep. Tim Burchett (R-TN), who voted to remove McCarthy. “I think they might take [the motion to vacate rule] out.”

Rep. Jodey Arrington (R-TX) said changing the rules is a “legitimate consideration” but it is not something Republicans are talking about right now.

“I’d have to have a longer conversation about it,” Arrington said when asked whether or not he’d support a rules change. “But I think the rules that we adopted are good. Actually, I think they hold us accountable as a conference to having the political will to have an open process and to actually enforce the fiscal discipline that we have failed to execute on in past Congresses and past majorities. So it’s there to hold us accountable and to force us to follow through on the promises we make about open process, about enforcing budget rules, and being fiscally responsible.”

Lawmakers in the Main Street Caucus, who identify themselves as pragmatic Republicans, have also come out in support of amending the rules, arguing it forces a “chokehold” on the speakership.

“Personal politics should never again be used to trump the will of 96% of House conservatives,” the caucus said in a joint statement. “Any candidate for speaker must explain to us how what happened on Tuesday will never happen again.”

House Majority Leader Steve Scalise (R-LA) and Rep. Jim Jordan (R-OH) have publicly announced their candidacies for speaker. Other names that have been floated include House Majority Whip Tom Emmer (R-MN) and Rep. Kevin Hern (R-OK).

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Hern told reporters he hadn’t considered whether he’d repeal the motion to vacate rule, noting he is “not afraid of that.

“That’s not something that would be part of my platform,” he said. “If the members want it, that’s fine, but that’s not something I’m pushing.”