Inside Kevin McCarthy’s math problem to becoming Speaker

Correction: An earlier version of this report misstated the vote count for Speaker Nancy Pelosi's (D-Calif.) nomination in 2019.

House Minority Leader Kevin McCarthy (R-Calif.) has a math problem. 

He won the House GOP’s nomination to be Speaker this week in a 188-31 vote. 

But far more GOP members voted against him than he can afford to lose on the floor Jan. 3 in a vote that would officially elect him Speaker. A vocal faction of Republicans who have the potential to make or break his Speakership continue to withhold support. 

Recent 2022 election projections put Republicans on track to win up to 222 seats, a much slimmer majority than they were expecting before Election Day. Just a handful of Republican defectors could sink McCarthy. 



“The hard thing for Kevin, realistically, is there are a fair number of people who have said very publicly they're ‘Never Kevin.’ Like, there's nothing that Kevin can do to get their vote,” said Rep. Warren Davidson (R-Ohio), who declined to share his own thinking on McCarthy.   

Reps. Matt Gaetz (R-Fla.) and Andy Biggs (R-Ariz.), the former chair of the right-wing House Freedom Caucus who challenged McCarthy for the Speaker nomination, have outright pledged not to vote for McCarthy on the House floor. 

But other critics of McCarthy aren’t going quite that far.  

The questions are, how many skeptics can he sway to his side? What do they want in return? And, who could the alternative be? 

McCarthy has projected confidence that he will win the votes he needs by January. He noted that former Speaker Paul Ryan (R-Wis.) was nominated 200-43 in 2015 before winning 236 votes the next day on the floor, and Speaker Nancy Pelosi (D-Calif.) was nominated 203-32 before winning 220 on the House floor in 2019. Both Pelosi and Ryan, however, had more substantial majorities. 

“Look, we have our work cut out for us. We've got to have a small majority. We've got to listen to everybody in our conference,” McCarthy said in a press conference after clinching the closed-door nomination.  

His supporters also note that some who voted against McCarthy via secret ballot will not want to be on the record publicly opposing him in January. But skeptics are pushing back. 

“The Leader does not have 218 votes,” said Rep. Scott Perry (R-Pa.), the current chair of the Freedom Caucus. “It is becoming increasingly perilous as we move forward.” 

The magic number 

McCarthy does not necessarily need 218 floor votes to win the Speakership, however. It is a technical point that may affect his road to the gavel with such a narrow margin. 

A House Speaker needs to win a majority of votes of those casting a ballot for a candidate. That means unforeseen circumstances on everything from the coronavirus pandemic to the weather can make the difference.  

Pelosi won the Speakership last year with 216 votes, due to vacancies and absences. Former Speaker John Boehner (R-Ohio) also won the Speakership with just 216 votes in 2015, when 25 members did not vote. Snowy weather kept some members away, and many Democrats were attending a funeral for the late New York Gov. Mario Cuomo (D). 

A Congressional Research Service report also notes that “present” votes also lower the final number needed to win, with current House practice dictating that the Speaker needs to win a majority “voting by surname.”  

Some House Republicans, then, could opt to vote “present” rather than for either McCarthy or an alternative candidate without jeopardizing McCarthy’s path to the gavel. 

But there is no guarantee that members opposed to McCarthy will give him that leeway. Gaetz has said he will vote for someone else in January. 

Demands for rules and vision 

The House Freedom Caucus over the summer released a list of rule change demands for both the House GOP Conference and the House as a whole that aim to reduce the power of leadership and distribute more of it to individual members. 

“I refuse to elect the same people utilizing the same rules that keep us from – members like me from participating,” Rep. Matt Rosendale (R-Mont.) said on former Trump adviser Stephen Bannon’s “War Room” show. 

House Republicans began considering changes to their internal rules last week, and in a response to the push to decentralize power, McCarthy said after the meeting that the conference increased the number of representative regions from 13 to 19. The move affects the power in the House GOP steering committee, the body of members that control committee assignments and chairmanships. 

“The regional maps we just did, pushing the power further down to more regions, more to the conference itself,” McCarthy said, which “dilutes the power greater to the members” on the steering committee. 

The House GOP also passed an amendment from Rep. Lauren Boebert (R-Colo.) that prohibits members of the House Republican Conference steering committee from sitting on the National Republican Congressional Committee’s executive committee — with an exception for elected members of the House GOP conference. 

But other proposals from Freedom Caucus members were shot down, and some did not leave the session happy. 

“I was disappointed about how the rules meeting was conducted,” Perry said, adding that other members and representatives-elect were “aghast at how that meeting was conducted and the product that came out of it.” 

“Unless something changes, they should get used to that, because the tenor of that meeting was exactly what I've experienced throughout my time in Congress,” Perry added. 

And for some members still withholding support from McCarthy, the rules are not the only factor in their decision. 

Rep. Ralph Norman (R-S.C.) said he wants commitments on a federal budget. Biggs has expressed disappointment that McCarthy will not commit to impeachment proceedings against Homeland Security Secretary Alejandro Mayorkas. Others stress the need for strong leadership and vision without offering many specifics. 

If not McCarthy, then who? 

As the saying goes in politics, you can’t beat somebody with nobody, and those opposed to McCarthy lack a viable alternative. 

Biggs imagines that by Jan. 3, there will be more of a consensus candidate, and that it might not be him. 

“I can think of probably 20 people who nobody's mad at ever,” Biggs said, throwing out Rep. Mike Johnson (R-La.) as a suggestion. “I don't think people get mad at him too often.” 

Johnson was reelected to be vice chair of the House GOP and has shown no interest in being an alternative Speaker candidate. 

Some conservatives have suggested Rep. Jim Jordan (R-Ohio), a founding Freedom Caucus member who challenged McCarthy for GOP Leader in 2018. But Jordan, who is likely to chair the House Judiciary Committee, has thrown his support behind McCarthy. 

Rep. Marjorie Taylor Greene (R-Ga.), once a doubter of McCarthy’s ability to become Speaker, has become one of his most vocal supporters for the post.  

She has warned that moderate Republicans could join Democrats and elect a compromise moderate Speaker. McCarthy skeptics have dismissed that prospect as a “red herring.” McCarthy has also said he will not seek Democratic votes to be Speaker. 

Greene said she would lobby her right-wing colleagues to support McCarthy, and on Friday, she said that the number of members not supporting McCarthy are “going down some, which is a good sign.” 

“I really feel like our conference needs to be unified. We need to support Kevin McCarthy and we need to lead in such a way that we show the American people that the Republicans have their act together,” Greene said. 

--Updated at 8:06 a.m.

It took House GOP just one day to show why Democrats need to bomb-proof everything while they can

It’s going exactly how Republicans promised it would if they took the House: vengeance. Nothing but vengeance. Policy agenda? As if.

The first press conference of their majority Thursday, was from the Oversight and Judiciary Committee chairs laying out the number one target for their vendetta. It was all Hunter Biden’s laptop, all the time. A thing that is entirely not real.

On the second day of their majority, Rep. Jim Jordan’s Judiciary committee sent a letter to White House Chief of Staff Ron Klain demanding the testimony of White House staff about the administration’s “misuse of federal criminal and counterterrorism resources to target concerned parents at school board meetings.” Another thing that never happened. All four of the people they are demanding testimony from are women, and some are women of color.

That was just the start. Jordan also sent letters to Justice, the FBI, Departments of Education, and Homeland Security telling them to “anticipate requiring testimony, either in hearings or transcribed interviews” from dozens more officials, many again of whom are people of color and women.

What about inflation? What about gas prices? What about fentanyl? What about violent crime? What about immigration? What about making sure everyone can afford to go to Disneyland?

As if.

Campaign Action

They are not interested in making government work. They won’t try to make government work. Which is why it is imperative that Democrats do all the stuff while they have the majority. That includes figuring out how to put the debt ceiling out of their reach, just for a start. That one’s a necessity.

So is doing the least they can on protecting the next presidential election by pushing the electoral count reforms through. We have some breathing room on that with the great results in some swing state elections, but fixing this is important, particularly now that larger election reforms can’t get done.

It would also be super smart to revive the child tax credit monthly payments from the 2021 COVID-19 relief bill Democrats passed, and generally do do everything they possibly can to help regular people and to make a very big deal out of it—the Democrats’ Christmas Gift to America—to start making the case for 2024.

Which will have to happen the week after next, because they’re already gone until after Thanksgiving. Oh, well. In the meantime, enjoy the Washington Post showing us what a fool Kevin McCarthy is, and relish how his red wave became a pink dribble.

Daily Kos is the largest progressive organization online, but we don't have billionaire backers. We rely on readers like YOU. Chip in $5 to help us keep fighting for progressive values.

RELATED STORIES

Five takeaways as the Pelosi era ends

Speaker Nancy Pelosi’s (D-Calif.) momentous decision to step down from Democratic leadership marks a watershed moment in Washington politics, sending tremors across a Congress where she’s guided her party for the last two decades.

The development carries broad implications for the workings of Capitol Hill, promising to pave the way for a younger generation of Democratic leaders, who will take over with Republicans controlling the House, while altering the image of the party after 20 years with Pelosi at the helm.

Here are five takeaways as the Pelosi era is set to end.

A woman in charge 

Pelosi is a historic figure, becoming the most powerful elected woman in U.S. history when she assumed the Speakership in 2007, then repeated the feat again in 2019 after a long stint in the minority. It’s a distinction she still holds.

From that unique perspective, she championed bill after bill to advance women’s causes — including efforts this year to codify Roe vs. Wade following the Supreme Court’s decision to eliminate abortion rights. And Pelosi’s speech on Thursday from the House floor — where she introduced herself as not only Speaker, but “a wife, a mother, a grandmother” — was thick with references to the progress women have made since she was first elected 35 years ago — and the long strides that remain. 

“When I came to the Congress in 1987, there were 12 Democratic women. Now there are over 90,” she said. “And we want more.”

Pelosi’s legislative legacy is well known: She muscled through proposals as consequential as ObamaCare, the sweeping Wall Street reforms that followed the Great Recession and the massive climate package signed by President Biden this year. 

More than that, she carved a well-earned reputation for counting votes and convincing reluctant lawmakers to support controversial legislation, even when it damaged them politically. 

The combination made her among the most effective Speakers in U.S. history — and inspired women to follow her into politics.  

“She’s broken glass ceilings and been a true role model for generations of women — including myself,” said Sen. Tammy Duckworth (D-Ill.).  

A unifying speech 

Pelosi comes from a family steeped in the traditions of the Democratic Party — her father was a member of the House through much of the 1940s — and she can be fiercely partisan in her confrontations with Republicans on countless issues of politics and policy. But her speech on Thursday avoided the type of partisan fire breathing that’s become routine on Capitol Hill. 

Instead, Pelosi sought to meet the moment with a message of unity and high ideals, invoking legendary Republican figures like Daniel Webster and Abraham Lincoln to make the case that fighting for the country’s founding principles is a shared business. 

“We owe to the American people our very best, to deliver on their faith,” she said. “To forever reach for the more perfect union — the glorious horizon that our founders promised.”

If there was a partisan jab at the Republicans on Thursday, it was not what Pelosi said but what she left out. In referencing the presidents she’s “enjoyed working with,” Pelosi mentioned George W. Bush, Barack Obama and Joe Biden — but not Donald Trump. 

It was a glaring omission, though it didn’t appear to bother the handful of GOP lawmakers who were in the chamber to hear the speech.

“I thought it was very positive,” said Rep. Joe Wilson (S.C.), who was among those Republicans on hand. “I was happy to be there.” 

Changing of the guard 

Pelosi’s decision paves the way for a “new generation” of liberals to rise in the Democratic ranks, breaking the leadership logjam that the “big three” — Pelosi, Steny Hoyer (Md.) and James Clyburn (S.C.) — have formed over their two-decade tenure.

“For me, the hour has come for a new generation to lead the Democratic Caucus that I so deeply respect,” Pelosi said in her remarks.

Minutes after the Speaker’s decision, Hoyer — who has served as Pelosi’s No. 2 for years — announced that he would also step back from Democratic leadership next year, setting the scene for a seismic shakeup at the top echelons of the caucus that will usher in a new slate of liberal leaders. Clyburn has said he intends to remain in leadership, but has not indicated which position.

The announcements were music to the ears of younger, restive lawmakers whose ambitions have been frustrated for years by the leadership bottleneck at the very top. 

But that changing of the guard, while officially put into motion on Thursday, has been the talk of Washington for months. Democratic Caucus Chairman Hakeem Jeffries (D-N.Y.), Assistant Speaker Katherine Clark (D-Mass.) and Caucus Vice Chairman Pete Aguilar (D-Calif.) are viewed as the heirs apparent to the “big three.”

None of them, however, announced bids on Thursday, opting to make their longtime leader the focus of the day.

“We’re all just trying to process what we heard and honor the legacy of Speaker Pelosi, what she’s meant to that chamber, what she’s meant to the California delegation and what she’s meant to me personally,” Aguilar told reporters. “Those are the things I’m reflecting on right now.”

But while Pelosi and Hoyer are both on their way to becoming rank-and-file members, they’re viewing the move differently.

“I feel balanced about it all,” the Speaker told reporters in the Capitol. “I’m not sad at all.”

Hoyer, on the other hand, asked how it feels to step out of the leadership, responded, “Not good.”

A divided Congress and country

Party polarization has worsened dramatically over the course of Pelosi’s years on Capitol Hill. And the House chamber during Pelosi’s speech was a glaring portrait of the stark partisan divisions that plague both the Congress and the country. 

On one side were Pelosi’s Democratic allies, who filled virtually every chair and cheered her numerous times during the 16-minute address. On the other were just a handful of Republicans — and hundreds of empty seats.

The Republicans who were on hand — including Minority Whip Steve Scalise (La.) — were glowing in their characterization of the outgoing Speaker, even as they emphasized their policy differences.

“It has been historic,” said Rep. Doug LaMalfa (R-Calif.). “She’s been strong for her conference all this time. There’s a rivalry with opposite teams and all that stuff, but you know, at the end of the day, we all try to remember and reflect on how you get along with people.”

Still, the empty GOP seats were a ready reminder of the tensions that linger between the parties, particularly following last year’s attack on the Capitol by a mob of Trump supporters. 

House Minority Leader Kevin McCarthy (Calif.) was among the absent Republicans. And some Democrats said they weren’t surprised by the GOP no-shows. 

“I have unfortunately come to expect an utter lack of regard for civility, collegiality, institutional respect, and frankly even respect for the American public,” Rep. Gerry Connolly (D-Va.) said of the Republicans. 

“The American public sent them a message, whether they want to accept it or not, last Tuesday. Which was: We want less of that. We want less divisiveness, less anger, less of this craziness and a lot more civility and respect,” he continued. “And it’s as if they heard nothing.”

Warning about democracy 

The final chapter of Pelosi’s tenure as Democratic leader will be marked by her dogged defense of American democracy — even when it put her in direct conflict with her political foes.

As Speaker, Pelosi led two impeachments of former President Trump, established a select committee to investigate the Jan. 6, 2021, attack on the Capitol, and ensured that the House would reconvene after the rampage to certify the results of the 2020 presidential election — in the very chamber rioters had infiltrated.

In her remarks on Thursday, Pelosi took pains not to attack Republicans, but argued clearly for the importance of safeguarding America’s founding principles if the country is to survive. 

“American Democracy is majestic – but it is fragile,” the Speaker said. “Many of us here have witnessed its fragility firsthand – tragically, in this Chamber. And so, Democracy must be forever defended from forces that wish it harm.”

Pelosi’s decision to step down came just a day after the formal midterm results had turned the House to Republican control. But it was Democrats who had overperformed at the polls, preventing the considerable gains that GOP leaders had expected. 

In warning about the fragility of democracy, Pelosi made the case that voters recognized it, too.

“Last week, the American people spoke,” she said. “And their voices were raised in defense of liberty, of the rule of law and of Democracy itself.”

Pelosi’s most memorable moments as Speaker

House Speaker Nancy Pelosi’s (D-Calif.) announcement Thursday that she will not seek a leadership position for the House Democratic Caucus next session will end her 20-year tenure as the top Democrat in the body. 

Pelosi has been elemental in many key moments since she took over as House Democrats’ leader in 2003 and as House Speaker in 2007, serving multiple terms as minority leader and Speaker. 

She helped orchestrate landmark legislative accomplishments during the Obama and Biden administrations while working to hold her party, composed of moderate and progressive wings, together. 

She was also a trailblazer in her own right, becoming the first woman to hold several different congressional leadership positions, including whip, minority leader and Speaker. 

Here are a few of Pelosi’s most memorable moments as Speaker: 

Becoming first female Speaker of the House 

Pelosi made history through several leadership positions she held in Congress. She was elected to her first leadership position in 2001 as House minority whip, the first woman to hold the role. She narrowly defeated Rep. Steny Hoyer (D-Md.) for the job. 

Hoyer would eventually serve as House majority leader and work closely with Pelosi in Democratic leadership. 

Pelosi succeeded Rep. Dick Gephardt (D-Mo.) as House minority leader in 2002 after Gephardt declined to run again to prepare for a run for the presidency in 2004. She also became the first woman in that role. 

Pelosi was an easy choice for Democrats as House Speaker after they won back a majority in the House in the 2006 midterm elections. She was chosen unanimously, becoming the first woman and the first Italian American to serve as Speaker in 2007. 

Almost exactly 16 years after the party chose her to become Speaker, she announced her decision not to run for another term in House leadership. 

Pelosi served as Speaker from 2007 to 2011 and took on the post again in 2019. She became the first person to serve nonconsecutive terms as House Speaker since Sam Rayburn (D-Texas) in the 1950s.

Calling on Bush to reject plan to escalate Iraq involvement 

Pelosi was an early opponent of the Iraq War, splitting from much of her own party in voting against the resolution that gave the Bush administration authorization to use military force in the country in 2002. 

She said in her statement announcing her decision on the vote that she was not convinced that all diplomatic remedies had been exhausted and had not seen evidence that Iraq posed an imminent threat to the United States. 

She continued her opposition to the war once she became Speaker in 2007. When the Bush administration announced its plan for a surge in the number of troops present in Iraq, she and then-Senate Majority Leader Harry Reid (D-Nev.) condemned the plan. 

They said the increase would delay the ability of the Iraqi government to “take control of their own future” after the removal of Saddam Hussein from power and that adding more combat troops would not contribute to success. 

They called for a shifting in the U.S. mission from combat to training, logistics, force protection and counterterrorism efforts, which President Obama eventually oversaw after he became president in 2009. 

Still, Pelosi refused to cut off funding for the military operation in Iraq, saying that she would not end financial support while U.S. soldiers remained in harm’s way. She emphasized increased congressional oversight of how funds were being used, trying to strike a balance between more liberal and moderate members of the caucus. 

Passing the Affordable Care Act 

The Affordable Care Act was one of the most significant legislative achievements of President Obama’s administration and Pelosi was a central figure in the legislation getting passed. 

Numerous Democratic presidents going back to Franklin Roosevelt had proposed or advocated for some form of universal health care, but they either failed to get it passed or focused on other initiatives.  

Democrats made large gains in both houses of Congress, but they were one seat short of the 60-vote threshold needed to overcome a Republican filibuster. Obama wanted to achieve a sweeping overhaul of the nation’s health care system, but his chief of staff, Rahm Emanuel, advised Obama to scale back his plans and try for a much smaller bill. 

Pelosi rejected the idea, calling the smaller-plan idea “kiddie care.” 

She became an architect of the final bill that ultimately passed, working to make the necessary changes to get the bill the support it needed. One change included the removal of federal funding for abortion, which Pelosi struggled with but deemed necessary to get Democrats who opposed abortion to support the bill. 

After various agreements were reached, Congress passed the act and Obama signed it into law. The president called Pelosi “one of the best Speakers” the House has ever had before he signed it. 

Announcing the first impeachment inquiry into President Trump 

Relations between Trump and congressional Democrats, in part led by Pelosi, reached their most contentious point at the time after the House voted to impeach him in December 2019. 

Controversy swelled after reports indicated Trump had a phone call with Ukrainian President Volodymyr Zelensky in July of that year in which he pressured Zelensky to launch an investigation into President Biden, then a candidate for the presidency in 2020, and his son, Hunter. 

Pelosi initiated a formal impeachment inquiry into Trump in September following a whistleblower’s complaint against Trump, leading to his impeachment. Pelosi oversaw the process, in which all but three Democrats voted to impeach him for abuse of power and all but four voted to impeach him for obstruction of Congress. 

All Republicans voted against the two articles, while former Rep. Justin Amash (Mich.), who left the Republican Party and became an independent, voted for them. Trump became the third president to be impeached. 

“The actions of the Trump presidency have revealed the dishonorable fact of the president’s betrayal of his oath of office, betrayal of our national security and betrayal of the integrity of our elections,” Pelosi said in a statement after announcing the inquiry. 

Tearing up Trump’s State of the Union address 

Trump’s 2020 State of the Union address came at a tense moment, one day before the Senate was set to take its vote on the impeachment charges against him. 

Trump appeared to ignore Pelosi after she reached out for a handshake before he began his speech. This was the first time the two of them had been in the same room since Pelosi walked out of a meeting with him in the White House the previous October. Trump called her a “third-rate” politician after the meeting. 

Pelosi often shook her head as Trump made reference to policies like health care and Social Security, but she received the most attention for tearing up a copy of his speech in half at the conclusion of it. 

“It was the courteous thing to do considering the alternatives,” Pelosi told reporters after. 

Trump did not mention impeachment during his address, instead emphasizing his administration’s policies. 

Pelosi reportedly later called the speech a “manifesto of mistruths.”

A video of Pelosi clapping at Trump during his 2019 State of the Union as he spoke about an end to "revenge politics" also went viral, giving Pelosi much attention online.

Responding to the chaos on Jan. 6 

The position of House Speaker is not constitutionally responsible for the certification of the Electoral College results — that duty falls to the vice president. But Pelosi was deeply involved in responding to the events of the Jan. 6, 2021, insurrection, when rioters hoping to stop the certification stormed the Capitol. 

After the rioters entered the Capitol, Congress paused its session to certify the votes, and Pelosi and other congressional leaders were taken to Fort McNair for safety while law enforcement tried to take control of the situation. 

Video clips released by the House select committee investigating the attack showed Pelosi and Senate Majority Leader Chuck Schumer (D-N.Y.) vigorously making urgent phone calls to multiple state and federal officials to send help. 

Pelosi, then-Vice President Mike Pence and other leaders also discussed the idea of continuing the certification process at Fort McNair. 

Pelosi repeatedly emphasized throughout the day that regardless of the rioters, the certification process must continue. 

“If they stop the proceedings, we will have totally failed,” she said. 

Announcing her plans to step down as speaker 

Speculation built up in the months leading up to the midterm elections this year as to whether Pelosi would continue to serve as Speaker, following through on her previous promise from 2018 to step down after four more years in the role. 

Pelosi largely stayed quiet about her plans and deflected questions before the election. She said the recent attack on her husband, Paul, would affect her plans but would not say how so. 

Following the party’s better-than-expected performance in the midterms, causing the GOP to likely only win a narrow majority in the body, some Democrats indicated that Pelosi was in a strong position to decide for herself what to do and that she could continue to lead the caucus if she wished. 

Pelosi ultimately announced during remarks on the House floor that she would not seek another term in leadership but would stay in her House seat representing her district, saying that “there is no greater official honor for me than to stand on this Floor and to speak for the people of San Francisco.” 

Pelosi has been one of the longest-tenured House Speakers in the body’s history and will likely take on a mentorship role for the next generation of Democratic leaders.

Lawmakers celebrate Pelosi: ‘A historical figure’

Speaker Nancy Pelosi’s announcement that she will step away from Democratic leadership next Congress marked a transformational moment on Capitol Hill Thursday, with liberals and even some Republicans offering praise and kudos to the California congresswoman.

In a highly anticipated address from the House floor, Pelosi, who has led the Democratic caucus for 20 years, said she will continue serving her San Francisco district in the lower chamber but will pass the leadership torch to a “new generation” of Democrats, many of whom have been waiting in the wings for a shakeup among the caucus’s top brass.

The House chamber erupted in a standing ovation when Pelosi, dressed in a white suit, wrapped up her speech.

A swarm of Democrats lined up to hug the outgoing Speaker following her remarks. Some even recorded the moment on their cellphones from the floor. Rep. Eric Swalwell (D-Calif.) brought his young daughter to witness the occasion.

“She’s a historical figure. She’ll be one of the top people in American history,” said Rep. Debbie Dingell (D-Mich.), a close ally of Pelosi. “This is a tough, strong, smart, courageous woman that knows how to listen to everybody, make a decision, [and] implement.”

“She’s just such a venerated leader,” Rep. Alexandria Ocasio-Cortez (D-N.Y.) said. “It was so dignified, you know, the way that she carried and carries herself in such a dignified fashion. She went on her own terms, and I think there’s just nothing but respect there for her.”

Few Republicans ventured to the House floor to witness the speech from Pelosi, who has long been villainized in GOP messaging. House Minority Whip Steve Scalise (R-La.) attended — and participated in the standing ovation after her speech.

But House Minority Leader Kevin McCarthy (R-Calif.), who this week was nominated by Republicans to replace Pelosi as Speaker next year when the party controls the House, did not attend and said shortly after that he did not watch her speech.

“I had meetings. But normally the others would do it during votes. I wish — she could have done that. I could have been there,” said McCarthy, who once joked that it would be hard to not hit Pelosi with the Speaker’s gavel when he takes it over.

The GOP leader and the Speaker have a hostile relationship, particularly during and since the Trump era. Pelosi called McCarthy a “moron” after he criticized the mask mandate she instituted on the House floor during the coronavirus pandemic.

“They’ve both [had] quite a career of how many decades they've been here working through,” McCarthy said of Pelosi and Hoyer on Thursday. “It's a whole new generation for the Democrats.”

Pelosi’s historic reign in Democratic leadership began in 2002 when she assumed the role of House minority whip. She later served as chair of the House Democratic Caucus and minority leader, but will be most remembered for her ascension to the Speakership in 2007, when she became the first woman to secure the gavel.

Throughout her eight years as Speaker, Pelosi helped usher in a number of massive legislative accomplishments: she oversaw the passage of the Affordable Care Act, helped authorize trillions of dollars of emergency relief during the pandemic and pushed through this year’s multi-billion dollar tax and climate bill.

The California Democrat also twice kicked off impeachment proceedings against former President Trump during his White House tenure.

“I just admire her focus, her workmanship, her dedication and her able to get things done and work with folks,” Rep. Gregory Meeks (D-N.Y.), chair of the Foreign Affairs Committee, told reporters. “When I think of the accomplishments that we’ve made under her leadership, I’m glad that I had the opportunity to be here during those times.”

Rep. Zoe Lofgren (D-Calif.), a close Pelosi ally who was first to hug the Speaker on the floor, called her California colleague “the most effective Speaker in the history of the United States.”

The Democratic praise for Pelosi was bicameral. Senate Majority Leader Charles Schumer (D-N.Y.), who has served as Pelosi’s counterpart in the upper chamber for years, was present on the House floor during her remarks.

“I just left the floor of the House for one of the most emotional moments I’ve had in my career: the valedictory of Nancy Pelosi, one of the greatest legislators — and greatest people — I’ve ever met,” Schumer later said on the Senate floor.

“Few in American history have been as effective, as driven, as successful as Speaker Pelosi. She's transformed practically every corner of American politics, and unquestionably made America a better, stronger nation,” he added.

But as Pelosi heads to the leadership exits, some Democrats are emphasizing that the California lawmaker will remain a consequential figure in the party — regardless of the title she holds.

“She’s not gonna leave Dem leadership, she’s still gonna be a leader in this caucus, you know, without all the nightmares of us … without the pains in the asses she had to deal with all the time,” Dingell said. “She’s got a great deal of influence, we all know how smart she is, she’s gonna be able to pull people together. She’s going to be a voice people are gonna listen to.”

“I think that her being still involved will be helpful and it'll help us to get — get further faster,” Rep. Cori Bush (D-Mo.) said.

Pelosi did get some praise from Republicans.

Rep. Tim Burchett (R-Tenn.), who said he often speaks to Pelosi on the House floor about her granddaughter and his daughter who share a name, gave her a hug after her speech.

“We don't agree on a dadgum thing. And I prayed for her husband to get well. But I'm a Christian first, not a Republican,” Burchett said. “We still talk, and I think this country needs a little more than that.”

“We disagreed probably 99 percent of the time. But she's been a very effective Speaker for her own cause,” said Rep. Clay Higgins (R-La.)  “She had a gracious presentation of well-prepared remarks. I think it was very appropriate.”

Rep. Doug LaMalfa (R-Calif.) was also present for Pelosi’s speech and hugged her afterward.

“Part of it was I was first up to present on legislation immediately after. But also, I believe it was a historic moment there, and I usually tend to sit in on those no matter who it is. And thirdly, it’s an Italian thing,” LaMalfa said.

Others, however, did not contain their glee at Pelosi leaving the Speakership. 

“I'm thrilled,” said Rep. Marjorie Taylor Greene (R-Ga.). “I think she's been the most destructive Speaker that we've had.”

Rep. Lauren Boebert (R-Colo.) chimed in with a tweet: “Good riddance!”

‘From homemaker to House Speaker’: Nancy Pelosi’s time in Congress

After almost two decades leading the House Democratic Caucus, Speaker Nancy Pelosi (D-Calif.) announced Thursday that she will step down from her leadership role in the next congressional session. 

Pelosi became the leader of the caucus in 2003 and became the first female speaker of the House in 2007. She has had two separate stints as House speaker and minority leader but has consistently been a face of the Democratic Party for a generation. 

Pelosi has overseen the passage of many major pieces of legislation during her tenure and was often key to the legislative successes of the Obama and Biden administrations. She also made history on multiple occasions, becoming the first woman to serve in several of the positions she held. 

"When I first came to the Floor at six years old, never would I have thought that someday I would go from homemaker to House Speaker," she said during her remarks on Thursday.

Although she will no longer hold a leadership position, Pelosi will keep her seat in the House to guide the next generation of leaders. 

Here’s a timeline of Pelosi’s career in Congress, from her first election to her announcement Thursday: 

1987 

Nancy Pelosi, who served as chairwoman of the California Democratic Party from 1981 to 1983, wins a special election in June to fill the remainder of the term of Rep. Sala Burton (D), who died in office. 

She easily prevails in the heavily Democratic district, receiving more than 67 percent of the vote. She more narrowly defeated a San Francisco city supervisor in the primary in April. 

Pelosi was 47 years old at the time. 

1989 

Pelosi sponsors legislation in the aftermath of the Tiananmen Square massacre in Beijing to allow Chinese students in the United States at the time to be able to seek permanent residency without returning home first. 

The House approved the bill unanimously, and the Senate approved it by voice vote, but then-President George H.W. Bush vetoed it, reasoning that he already planned to use his executive powers to give the students the protections the bill would offer. 

The Chinese government also had threatened to cut off future student exchanges if the bill became law. 

The House voted to override Bush’s veto, but the Senate fell a few votes short of the necessary two-thirds majority. 

Pelosi would be a strong advocate for human rights in China throughout her career. 

1990 

The Housing Opportunities for Persons with AIDS program goes into effect following advocacy from Pelosi. The program, which Congress approved as part of the National Affordable Housing Act of 1990, to provide affordable housing for low-income people with HIV and AIDS. 

The legislation is one of Pelosi’s first legislative victories, and she becomes a proponent of providing protection and funding to help people living with the virus. 

1991 

A provision of legislation that becomes known as the Pelosi Amendment goes into effect. The amendment, which was approved in 1989, requires international financial institutions, including the World Bank, to allow the assessment of environmental impacts of proposed loans. 

It also instructs U.S. representatives on the boards of these institutions to vote against any loans not subject to this public scrutiny. 

1993 

Pelosi begins serving on the House Intelligence Committee, where she would serve for a decade, making her the longest-serving member in the committee’s history. She serves as the committee’s ranking member from 2000 to 2003 and continues to serve as an ex officio member after. 

1996 

President Clinton signs a bill into law to preserve the Presidio of San Francisco following a multi-year effort from Pelosi. The Presidio was a military post from 1776 until the Army closed it in 1994, transferring it to the jurisdiction of the National Park Service and putting its future in jeopardy. 

The legislation creates a public-private partnership to preserve the park and allow it to become financially self-sufficient. Pelosi initially sponsored the bill to provide funding for the park in 1994, and it passed the House but failed in the Senate. 

The effort to pass the bill was renewed in the next session of Congress, which was controlled by the GOP, and was successful. Pelosi helped secure more than $300 million in federal funding for the trust, which was set to be financially independent by 2013. 

2001 

Pelosi is elected as House minority whip, the highest rank a woman had ever reached in Congress at the time. She narrowly defeated Rep. Steny Hoyer (D-Md.), with whom she would work closely in Democratic leadership, to win the role, which she assumes early the next year. 

2002 

Pelosi splits with then-House Minority Leader Dick Gephardt (D-Mo.) and much of her own party in voting against the resolution authorizing the Bush administration to take military action in Iraq. Pelosi said in a statement announcing her decision that she was not convinced that all diplomatic remedies had been exhausted. 

Serving as the ranking member of the Intelligence Committee, she said she did not see any evidence or intelligence that Iraq posed an “imminent threat” to the U.S. She remains a strong opponent of the war as it continues. 

2002 

Pelosi is elected House minority leader, the first woman to hold the role, after Gephardt declines to run for leadership again ahead of his planned 2004 presidential run. She wins with an overwhelming number of caucus members supporting her bid. 

2005 

Pelosi successfully organizes almost unanimous Democratic opposition to block President George W. Bush’s plan to privatize Social Security. Bush put forward reforming the program as his top domestic priority days after winning the 2004 presidential election. 

Bush mentioned the plan in his 2005 State of the Union address and said that he planned to use the political capital he gained from his reelection on this initiative, but Pelosi and Democrats rallied opposition from the American people to the plan. 

Polls showed widespread disapproval with Bush’s plan, and the president eventually pulled the idea. 

2007 

Pelosi is elected the first female speaker of the House after Democrats pick up more than 30 seats in the body to win a majority. Democrats unanimously chose her as their nominee almost exactly 16 years before her announcement Thursday that she would step down from party leadership. 

She also became the first Italian American to be elected speaker. 

2010 

President Obama signed the Affordable Care Act, one of the most significant legislative accomplishments of his presidency, into law. Pelosi was essential in gathering enough votes for the legislation to pass, working for months to win over the necessary support from members of the liberal and more conservative Democrats. 

Obama said before signing the bill into law that Pelosi was “one of the best speakers” that the House has ever had. 

2011 

Pelosi becomes minority leader for a second time after Democrats lose control of the House. She fended off a challenge from a conservative Democrat to remain the leader of the caucus. 

2016-2017 

Pelosi holds onto her position leading House Democrats despite some talks of replacing her after the party lost multiple House special elections in a row. She defended her record at a press conference and her abilities as a “master legislator” and “strategic, politically astute leader.” 

2019 

Pelosi becomes House speaker for a second time after Democrats regain the majority in the House following the 2018 midterms. Some Democrats expressed interest in Pelosi stepping aside and the party moving to a new generation of leaders, but she made a deal with them that she would not serve for more than four years as speaker. 

2019 

The House approves two articles of impeachment against President Trump for abuse of power and obstruction of Congress following an investigation into a phone call he made with Ukrainian President Volodymyr Zelensky in July of that year. 

Pelosi initiated the formal House inquiry into the matter, which concluded that Trump withheld military aid from Ukraine to try to pressure Zelensky into launching an investigation into President Biden, whom Trump saw as a top competitor for the 2020 election, and his son, Hunter. 

Trump was ultimately acquitted of the charges in the Senate. 

2020 

Pelosi tears up a copy of Trump’s State of the Union address after he finishes delivering it, gaining widespread attention. She told reporters after that it was “the courteous thing to do given the alternatives.” 

Trump appeared to ignore Pelosi’s offer for a handshake earlier. The speech came as the Senate was in the midst of Trump’s impeachment trial. 

2021 

Pelosi calls on Trump to resign in the aftermath of the Jan. 6, 2021, insurrection, promising to begin impeachment proceedings if he did not do so or if he was not removed by the Cabinet under the 25th Amendment to the Constitution. 

After Trump did not step down and his Cabinet did not remove him, the House impeached him for a second time, with all Democrats and 10 Republicans voting in favor. A majority of the Senate voted in favor of convicting him for the charge of inciting violence, but the body did not reach the required two-thirds majority needed for a conviction. 

2021 

Pelosi maintains her role as House speaker after Democrats lose seats in the body in the 2020 elections but keep a majority. She leads House Democrats in passing major legislative accomplishments from the Biden administration, including the American Rescue Plan, to fight against the impacts of the COVID-19 pandemic, and the bipartisan infrastructure investment package. 

2022

Pelosi becomes the highest-ranking U.S. official to visit Taiwan as Beijing steps up its threats toward the self-governing island. She previously visited in 1999 as a House member.

She maintained that the visit did not violate the One China policy, in which the U.S. only recognizes Beijing as the legitimate Chinese government but considers Taiwan's status to be unsettled.

2022 

Pelosi announces she will not run for another term in House Democratic leadership but will remain in Congress, representing her House district.

McCarthy hands the detonator to the bomb-throwers

Republicans have been promising for weeks that if they took the House of Representatives, it would be payback time for Democrats. Sure, they had a big show around releasing their “Commitment to America” to attempt to show that they had some kind of intent to act like real responsible adults put in charge of a nation, but it was all show and no substance.

Now they have their teeny-tiny majority, they’re doing exactly what they said they’d do: seek revenge on Democrats for winning and doing popular stuff. This was the first public statement from the House GOP after securing their gerrymandered, tiny majority.

Hunter Biden's laptop is REAL.

— House Republicans (@HouseGOP) November 17, 2022

That’s previewing the first official press conference where Reps. Jim Jordan of Ohio and James Comer of Kentucky, the incoming chairs of the House Judiciary and Oversight committees respectively, announce their ridiculous probes into Hunter Biden, President Joe Biden’s son. They gave a preview—where else—on Sean Hannity’s show Wednesday. “We are going to make it very clear that this is now an investigation of President Biden,” Comer told Hannity. Because bogus investigations have worked out so well for them.

It is of course not just Biden, but also Anthony Fauci who is retiring this year. Jordan’s “FBI & DOJ politicization” allegations include his 1,050 page “report,” 1,000 pages of which are copies of the letters they’ve sent to the Biden administration. (This includes 470 pages that are all the same five-page letter sent to U.S. Attorneys.) There’s also Afghanistan and the border and, of course, impeachment investigations from Biden on down.

Speaking of investigations, The New York Times reports: “In a closed-door meeting of Republicans on Monday, right-wing lawmakers including Representative Marjorie Taylor Greene of Georgia extracted a promise that their leaders would investigate Speaker Nancy Pelosi and the Justice Department for their treatment of defendants jailed in connection with the Jan. 6 attack on the Capitol.”

Over at NBC News, Scott Wong says: “McCarthy and other leaders will have their hands full as they try to keep their wafer-thin majority united and corral conservative bomb throwers who are clamoring to shut down the government and impeach President Joe Biden and his top allies.”

News flash: McCarthy and the other leaders are the bomb-throwers.

Oh, and that bit about taking the debt ceiling hostage to force Social Security and Medicare cuts? They mean that, too. Rep. Jason Smith of Missouri, the top Republican on the Budget Committee, told Wong, “As it relates to the debt ceiling, Americans rightly expect that their elected officials will use every tool we have to fix whatever crises the country faces—whether it’s the spike in prices, an unsecured border, rising debt, you name it.

“Republicans will use every tool we have to bring relief to Americans and put the country back on the right track.”

They mean it. Which means it is imperative that Democrats use this lame duck to keep them away from the most dangerous weapons.

RELATED STORIES:

House Judiciary Republicans release lie-packed, inflated 'report.' Will the media bite?

House GOP promises vengeance on Democrats for doing good stuff while in power

We're now in the second week of election overtime and there are still plenty of major races yet to be decided—as well as tons more great news for Democrats to exult over on this week's episode of The Downballot. On the uncalled races front, co-hosts David Nir and David Beard dive into a pair of House races in California and several legislatures that could flip from red to blue, including the Pennsylvania House. Speaking of legislatures, the Davids also go deep on what the astonishing flips in Michigan will mean for progressives and particularly organized labor.

House Democrats assess a transformed Washington after losing majority

Correction: An earlier version of this report incorrectly characterized Hunter Biden.

House Democrats were knocked out of power at the polls this month, losing at least six seats to a Republican Party that will take control of the lower chamber next year with designs to neutralize President Biden through the second half of his first term.

CNN and NBC both projected that Republicans would take the House majority on Wednesday evening, with a handful of races still to be decided. Republicans could still win several more seats, but they are expected to have a very narrow majority.

The GOP takeover had been expected long before last week’s midterm elections, but it took eight days of counting close returns for Republicans to hit the magic number — 218 — that grants them control of the House in the next Congress.

The delay was an unwelcome development for GOP leaders, who charged into the elections with high expectations of sweeping vulnerable Democrats from battleground districts coast to coast. Their victory celebration was scheduled for election night, on Nov. 8. 

Instead, a vast majority of those Democratic “frontliners” held firm. And many of the races Republicans ultimately won were so close that verification took days. The surprising results mean that Republicans will take over the chamber next year with a much smaller majority than they had hoped — a dynamic that will likely create headaches for GOP leaders in managing a restive right flank.

Indeed, those internal struggles already surfaced this week surrounding Minority Leader Kevin McCarthy’s (R-Calif.) bid to win the Speakership next year. On Tuesday, McCarthy easily won the GOP nomination for that spot. But the three dozen Republican defectors were both a warning that he has work to do in order to secure the gavel when the full House votes on Jan. 3, and a preview of the internal battles to come, regardless of which Republican emerges as Speaker. 

Still, the midterm outcome lends enormous new powers to Republicans on Capitol Hill, transforming the workings of Washington after four years when Democrats ran the lower chamber. And the flip carries enormous implications for both parties heading into the final two years of Biden’s first term in the White House.

Most significantly, the president will no longer have his allies empowered to advance the administration’s legislative goals on the House floor, likely bringing Biden’s ambitious policy agenda to a screeching halt next year. 

Nor will Democrats be able to shield Biden on the committee level, where Republicans are already promising a long and growing list of politically fraught investigations into everything from the U.S. withdrawal from Afghanistan to the overseas business dealings of the president’s youngest son Hunter Biden. 

Democrats are keenly aware of the potential political perils lurking behind such investigations. The House Republicans’ marathon Benghazi probe undermined Hillary Clinton’s prospects in the 2016 presidential race. And a steady focus on Biden controversies in the next Congress could do similar damage to the president and the Democrats heading into the 2024 cycle, when former President Trump could be on the ballot. 

And Republicans might not stop at mere investigations. 

Democrats, who had impeached Trump twice during his tenure, might find themselves on the other side of that issue under a GOP-controlled House, where conservatives are already making clear their intentions to impeach Biden, members of his Cabinet or both.

The midterm results also put a new spin on the old questions swirling around the future of the Democratic leaders in the lower chamber, where Speaker Nancy Pelosi (Calif.) and her top two deputies — Reps. Steny Hoyer (Md.) and James Clyburn (S.C.) — have been in place for almost two decades. All three are in their 80s, and a younger group of ambitious lawmakers has been itching for years for the chance to climb into the leadership ranks. 

Four years ago, Pelosi had pledged to bow out of the top leadership spot at the end of this term — a promise Hoyer and Clyburn were not party to. But the Democrats’ overperformance on Election Day would have been impossible without Pelosi’s prodigious fundraising, and it’s sparked new chatter that the long-time Democratic leader could easily remain in power — if she chooses to do so.

The Speaker, true to style, has declined to announce her intentions. And the Democrats’ leadership elections are not scheduled until Nov. 30, lending her a window to weigh that decision. Still, the new midterm tally, sending Democrats into the minority next year, is expected to expedite her announcement. 

MeanwhilePelosi’s reticence has left other top leaders in a state of limbo, waiting for word of her plans so they can declare their own. 

Neither Hoyer nor Clyburn has ruled out another leadership bid. And a trio of younger Democratic leaders — Reps. Hakeem Jeffries (N.Y.), Katherine Clark (Mass.) and Pete Aguilar (Calif.) — are waiting to run for the top spots when the opportunity arrives. 

Jeffries, the current chair of the Democratic Caucus, is widely believed to be the favorite to replace Pelosi should she step down. But Hoyer has loyalists of his own. And Rep. Adam Schiff (D-Calif.), who built a national following as lead manager of Trump’s first impeachment, has raised enormous amounts of money this cycle and is said to be eyeing the spot. 

Other Democrats vying for leadership positions include Rep. Joe Neguse (Colo.), who’s seeking to replace Jeffries as Caucus chairman. And at least four lawmakers — Reps. Debbie Dingell (Mich.), Joyce Beatty (Ohio), Ted Lieu (Calif.) and Madeleine Dean (Pa.) — are competing to replace Aguilar as caucus vice chairman. 

Rounding out the list of top leaders, Rep. Tony Cárdenas (Calif.) has launched a run to lead the Democrats’ campaign arm in the next Congress, a spot soon to be vacated after Rep. Sean Patrick Maloney lost a tough reelection race in upstate New York. 

Rep. Ami Bera (Calif.), who was in charge of protecting vulnerable incumbents for the Democratic Congressional Campaign Committee (DCCC) this cycle, is expected to jump into the race against Cárdenas. 

There are other changes in store, as well. 

The Democrats’ 2023 roster was bound to look much different even long before the midterm results came in, due to a wave of retirements that featured some of the leading figures in the party. 

The list of outgoing lawmakers includes Reps. Pete DeFazio (Ore.), a 36-year veteran who heads the Transportation Committee; John Yarmuth (Ky.), chairman of the Budget Committee; Cheri Bustos (Ill.), who led the DCCC in the 2020 cycle; Stephanie Murphy (Fla.), a member of the Jan. 6 committee investigating last year’s attack on the Capitol and a co-chair of the centrist Blue Dogs; and Bobby Rush (Ill.), a 30-year veteran who remains the only politician ever to defeat Barack Obama in an election. 

The midterms also took a toll. And when they return next year, Democrats will be without several prominent lawmakers who lost reelection battles on Tuesday. That list includes Reps. Elaine Luria (Va.), another member of the Jan. 6 committee; Tom Malinowski (N.J.), a former human rights activist and diplomat under the Obama administration; and Tom O’Halleran (Ariz.), a Republican-turned-moderate Democrat who also co-chairs the Blue Dogs. 

Yet it was Maloney who was the biggest trophy for Republicans at the polls. The 10-year veteran proved highly successful in protecting vulnerable seats in a cycle when Democrats were expecting big losses, but he couldn’t protect his own. 

"It will take time to understand all of the races and their outcomes,” Maloney told reporters in Washington shortly after conceding to his Republican opponent. But even in defeat, he took a small victory lap. 

“If we fall a little short, we're going to know that we gave it our all,” he said. “And we beat the spread.”

--Updated on Nov. 17 at 6:12 a.m.

House Democrat eyes legislation to bar Trump from office under 14th Amendment

Rep. David Cicilline (D-R.I.) is eyeing legislation that would bar former President Trump from serving in office under the 14th Amendment “for leading an insurrection against the United States.”

Cicilline, who served as an impeachment manager during Trump’s first impeachment, sent a letter to his Democratic colleagues Tuesday night previewing a bill to prevent Trump from holding office and soliciting co-sponsors for the measure.

It is unclear when the congressman plans to introduce the bill. The listed deadline for lawmakers to co-sponsor the measure is Thursday at noon.

The Rhode Island Democrat circulated the letter the same night Trump announced his 2024 campaign for president.

“Given the proof – demonstrated through the January 6th Committee Hearings, the 2021 impeachment trial, and other reporting – that Donald Trump engaged in insurrection on January 6th with the intention of overturning the lawful 2020 election results, I have drafted legislation that would prevent Donald Trump from holding public office again under the Fourteenth Amendment,” Cicilline wrote.

Trump was impeached for a second time in January 2021 on the charge of “incitement of insurrection” following the Capitol riot, but the Senate ultimately acquitted him. The House impeached him for a first time in December 2019 for “abuse of power” and “obstruction of Congress” over revelations regarding his dealings with Ukraine, though the Senate acquitted him of both charges.

Cicilline argued that Trump should be barred from holding office under Section 3 of the 14th Amendment, known as the “Disqualification Clause,” which says individuals should not be allowed “to hold any office” if they “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

The congressman said his bill “details testimony and evidence demonstrating how Donald Trump engaged in insurrection against the United States,” pointing to revelations from Jan. 6 select committee hearings.

“It specifically details how Donald Trump engaged in insurrection when he helped to plan and encouraged the insurgence on January 6th despite knowing that the election results were lawful; attempted to intimidate state and federal officials when they did not support his false claims and unlawful plans; tried to manipulate Mike Pence into unlawfully refusing to certify the election results, despite Mr. Pence’s and legal advisors’ assertion that he held no such authority; and supported the violent insurrection at the Capitol on January 6th, refusing for hours to denounce or act against the mob and putting thousands of lives in danger,” the letter reads.

If he introduces the bill, Cicilline will have to lay out the process for how the measure would use Section 3 of the 14th Amendment. According to the Congressional Research Service (CRS), the text is vague.

“It is unclear whether Section 3 is self-executing, which, if it is not, would leave federal and state courts or election authorities without power to determine the eligibility of candidates unless Congress enacts legislation to permit it. Courts have produced mixed results on this question,” the CRS report reads.

“Section 3 does not expressly provide a procedure for its implementation other than Section 5’s general authority of Congress ‘to enforce [the Fourteenth Amendment’ by appropriate legislation,’” it adds.

Trump announced his intention for a third presidential bid Tuesday night at his Mar-a-Lago resort, telling the audience at the event "we always have known that this was not the end. It was only the beginning of our fight to rescue the American dream."

"In order to make America great and glorious again, I am tonight announcing my candidacy for president of the United States," he added.

Justin Amash offers to serve as ‘nonpartisan’ Speaker

Former Rep. Justin Amash (Mich.) has offered to serve as a “nonpartisan” Speaker of the House if Republicans and Democrats cannot agree on a candidate from either party to fill the post.

The offer from Amash, a former Republican-turned-Libertarian lawmaker, comes as House Minority Leader Kevin McCarthy (R-Calif.) faces opposition from some members of his party, complicating his Speakership bid.

“If neither party has the votes to elect a speaker of the House, I’d be happy to serve as a nonpartisan speaker who ensures the institution works as it’s supposed to—a place where all ideas are welcome and where outcomes are discovered through the process, not dictated from above,” Amash said in a tweet on Tuesday.

Amash was elected as a Republican in the 2010 Tea Party wave, and built a reputation of being staunchly critical of the top-down nature of congressional power. He was the first Republican to call for then-President Trump’s impeachment in 2019 and later that year left the GOP to become an independent. 

In 2020, Amash registered as a Libertarian, becoming the party’s first member of Congress. He considered running for president as a third-party candidate but decided against it, and left the House at the end of his term.

The Speaker is not required to be an elected member of Congress, but every one so far has been.

House Republicans chose McCarthy as their nominee for Speaker in closed-door, secret-ballot elections on Tuesday. But he faced a last-minute protest challenge from Rep. Andy Biggs (R-Ariz.), former chair of the conservative House Freedom Caucus, who has knocked McCarthy’s plans for House rules management and his reluctance to pursue impeachment of Homeland Security Secretary Alejandro Mayorkas.

McCarthy easily won the House GOP Speaker nomination over Biggs, 188 to 31. But he will have to win a majority of votes on the House floor — 218 votes, assuming a fully sworn-in House — in order to win the gavel. 

With an expected slim majority for House Republicans, McCarthy will have just a few votes to spare for Republican defections on the House floor — far fewer than 31. McCarthy and his allies project confidence that he will win the floor vote, but it is unclear how many Republicans are set on voting against him.

Not every member of the Freedom Caucus agrees with challenging McCarthy, though. Rep. Marjorie Taylor Greene (R-Ga.) has thrown her support behind McCarthy, arguing that division among Republicans could lead some moderate defectors to join with Democrats and elect a less conservative Speaker as a compromise.

Election projections as of Wednesday morning put Republicans just one seat away from securing the House majority, with nine seats undecided. Republicans are confident they will win control of the chamber.

There is historical precedent for a fair amount of uncertainty in Speakership elections — it took two months and 133 ballots to elect Speaker Nathaniel P. Banks in 1856, according to the House historian — and the GOP's majority come January is expected to be its narrowest in decades.

A major factor at play for the McCarthy antagonists are proposed House and GOP Conference rules changes. The House Freedom Caucus has proposed rules changes that, on the whole, would chip away at leadership’s power and give more to individual members. That aligns with the argument from Amash, who was a founding member of the Freedom Caucus, but left the group around the time he left the GOP.

The House GOP will start consideration of internal conference rules changes on Wednesday afternoon. In an olive branch to the Freedom Caucus concerns, McCarthy on Tuesday said that the House GOP would consider just half of the rules change requests on Wednesday and the other half after Thanksgiving.