House Republicans Urge Acting Speaker to Start Legislating, But Doing So Without Formal Vote Risks Legal Woes

House Republicans are calling on acting Speaker Patrick McHenry to start legislating amid funding battles, but doing so without a formal vote risks legal challenges.

Former House lawyers say a vote explicitly granting powers to McHenry would likely hold up in court, citing the House's broad authority over its procedures.

McHenry has ruled out taking on more powers without a formal vote, warning it would be politically precarious and against parliamentarian advice.

Some Republicans argue existing rules already empower McHenry to lead the chamber given they were created post-9/11 to ensure government continuity.

Legal experts say the safest course is a House resolution specifying McHenry's powers, but the calculus could change if a crisis emerges from inaction.