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By: William H. Buechner, Jr. In Texas v. Garland , —- F. Texas Feb. See 42 U. For example, pregnancy generally does not constitute a disability under the ADA unless there are significant complications with the pregnancy.
The U. However, House members voted on final passage of the Act via proxy pursuant to a House rule adopted on May 15, , during the peak of the COVID pandemic, that allowed House members to vote by proxy if certain conditions were met.
Thus, there were 8 House members fewer than a majority of the House members physically present for the vote. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
The court held that the text of the Quorum Clause requires that a majority of House members be physically present in order to conduct business, such as voting on proposed legislation. The court also held that the physical-presence requirement was confirmed by the history surrounding the adoption of the Quorum Clause and the consistent recognition and application of this requirement by the House and Senate until the House adopted the proxy rule on May 15, The court also distinguished voting by proxy from the established and widespread practice of taking legislative action via unanimous consent, which allows action to be taken without a quorum if no member objects to the proposed action.
