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==== 2023 motion ====
==== 2023 motion ====
{{Main|Efforts to remove Kevin McCarthy}}
{{Main|Efforts to remove Kevin McCarthy}}
On October 2, 2023, representative [[Matt Gaetz]] filed a motion to vacate the Speaker’s chair, then held by fellow [[Republican Party (United States)|Republican]] [[Kevin McCarthy]] after McCarthy negotiated with [[Democratic Party (United States)|Democrats]] to pass a [[2024 United States federal budget|spending bill]] that averted a [[Government shutdowns in the United States|government shutdown]].<ref>{{Cite web |url=https://www.nytimes.com/2023/10/02/us/politics/mccarthy-gaetz-house-speaker.html |title=Gaetz Moves to Oust McCarthy, Threatening His Grip on the Speakership |date=October 2, 2023 |last=Edmondson |first=Catie |work=[[The New York Times]] |access-date=October 2, 2023}}</ref> The following day, a proposal to [[Table (parliamentary procedure)#Use in the United States|table (kill)]] the motion to vacate failed by a vote of 218—208. After 1 hour of debate the chair was vacated by a vote of 216-210, the first time in the history of the House the chair was vacated by vote.
On October 2, 2023, representative [[Matt Gaetz]] filed a motion to vacate the Speaker’s chair, then held by fellow [[Republican Party (United States)|Republican]] [[Kevin McCarthy]], after McCarthy negotiated with [[Democratic Party (United States)|Democrats]] to pass a [[2024 United States federal budget|spending bill]] that averted a [[Government shutdowns in the United States|government shutdown]].<ref>{{Cite web |url=https://www.nytimes.com/2023/10/02/us/politics/mccarthy-gaetz-house-speaker.html |title=Gaetz Moves to Oust McCarthy, Threatening His Grip on the Speakership |date=October 2, 2023 |last=Edmondson |first=Catie |work=[[The New York Times]] |access-date=October 2, 2023}}</ref> The following day, a proposal to [[Table (parliamentary procedure)#Use in the United States|table (kill)]] the motion to vacate failed by a vote of 218—208. After 1 hour of debate the chair was vacated by a vote of 216-210, the first time in the history of the House the chair was vacated by vote.


== See also ==
== See also ==

Revision as of 20:52, 3 October 2023

A motion to vacate is a formal proposal, either to 'vacate' (or reverse) the decision in a matter which had previously been formally ruled upon or decided, or to replace the holder of a presiding position.

Legal use

In the legal context, a motion to vacate is a formal request to overturn a court's earlier judgment, order, or sentence. This typically involves an attorney filing a written legal motion for consideration by a judge.

Parliamentary use

In a parliamentary context, as used in a legislative body, a motion to vacate is made by a member of the body to propose that the presiding officer (or 'chair') step down. That is commonly referred to as a "motion to vacate the chair".

In the U.S. House of Representatives

Under House Rule IX, a resolution to declare the office of Speaker of the United States House of Representatives vacant is considered privileged, meaning that, if it is introduced on the floor by a member, it must be put up to a floor vote within two legislative days. In 2019, at the beginning of the 116th Congress, the rules were altered so as to prevent motions from qualifying as matters of privilege unless "offered on behalf of a party conference or caucus"; this change remained in place until 2023, when it was reversed by the 118th Congress, though the provision putting it to an immediate floor vote remained intact.[1][2]

In the entire history of the House of Representatives, there have been only three instances of a motion to vacate the chair being filed: one in March 1910,[3] one in July 2015, and one (finally successful) in October 2023.

1910 motion

In 1910, Republican Speaker Joe Cannon, who had just faced a revolt by his caucus on a resolution concerning committee assignments, introduced a motion to vacate his own Speakership; he was sure the motion would fail, showing that he still had the backing of a majority of the House. Cannon's plan succeeded, with the House rejecting the motion by a majority of 37 (155 Ayes to 192 Noes). Some of the Republicans who opposed Cannon nonetheless voted against, since they did not want to face the risk of him being replaced by a Democratic Speaker.[3]

2015 motion

In 2015, Representative Mark Meadows filed a motion to vacate the speakership of John Boehner. Since the motion was not introduced on the floor, it was non-privileged[4][5] and was referred to the Rules Committee instead of being subject to an immediate vote by the full House.[5] Although the proposal was never voted upon, it still contributed to Boehner's decision to resign in September 2015.[6]

2023 motion

On October 2, 2023, representative Matt Gaetz filed a motion to vacate the Speaker’s chair, then held by fellow Republican Kevin McCarthy, after McCarthy negotiated with Democrats to pass a spending bill that averted a government shutdown.[7] The following day, a proposal to table (kill) the motion to vacate failed by a vote of 218—208. After 1 hour of debate the chair was vacated by a vote of 216-210, the first time in the history of the House the chair was vacated by vote.

See also

References

  1. ^ Juana Summers (2015-03-07). "How To Oust A House Speaker (Hint: Don't Even Try)". NPR.org. Retrieved 2015-10-21.
  2. ^ Hudiburg, Jane Armstrong (June 27, 2019). House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020) (Report). Congressional Research Service. p. 4. Retrieved September 17, 2020. H.Res. 6 amended Rule IX to establish that a resolution declaring a vacancy in the Office of the Speaker will not qualify as a question of the privileges of the House unless it is offered by direction of a party caucus or party conference.
  3. ^ a b Russert, Luke; Johnson, Alex; Moe, Alex (2015-07-28). "Fellow Republican Launches Bid to Oust Boehner as House Speaker". NBC News. Retrieved 2015-10-21.
  4. ^ Mike DeBonis (2015-07-28). "GOP congressman launches bid to oust John Boehner as House speaker". The Washington Post. Retrieved 2015-10-21.
  5. ^ a b Daniel Newhauser (2015-07-28). "Mark Meadows Tries to Boot Boehner From Speakership". Retrieved 2015-10-21.
  6. ^ Russell Berman (2015-09-25). "The Resignation of John Boehner". The Atlantic. Retrieved 2015-10-21.
  7. ^ Edmondson, Catie (October 2, 2023). "Gaetz Moves to Oust McCarthy, Threatening His Grip on the Speakership". The New York Times. Retrieved October 2, 2023.

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