Editor’s Corner

Jennifer Castle

House Speaker Shuffle: McCarthy Departs, Congress Seeks New Leader

In a stunning turn of events, the United States witnessed a political earthquake that has sent shockwaves across the nation. The ousting of Speaker of the House Kevin McCarthy has left many of us wondering what’s next in the turbulent world of American politics.

I wrote another version of this editorial, exploring the history of the 1884 Antideficiency Act and its effect on government shutdowns. A quick primer: Thanks to a 1980 interpretation of the Act by then-Attorney General Benjamin Civiletti, Applicability of the Antideficiency Act Upon a Lapse in an Agency’s Appropriations.1 But what is the Antideficiency Act? It’s a quirky piece of legislation, and its idea is simple: Don’t spend money you don’t have.2 It sounds like common sense, right? But here’s the twist—in Civiletti’s opinion, it can lead to government shutdowns if Congress doesn’t pass a budget or a spending bill in time. Because of his ruling, ten federal funding gaps have led to actual employee furloughs within federal government departments since the Carter Administration (about four per decade) because politicians could not agree on the budget.3 In an interview with the Washington Post nearly 40 years later, Civiletti said, “I couldn’t have ever imagined these shutdowns would last this long of a time and would be used as a political gambit. My opinion was a purely direct opinion on a fairly narrow subject and has been used in ways that were not imagined at the time.”4

And that brings me to McCarthy’s dilemma: Eight of his Republican colleagues chafed at the bipartisan deal he made with President Joe Biden to avoid a federal default.5 Consequently, they cast their votes in opposition to the bill that Congress approved on September 30, which aims to maintain current funding levels for the federal government until mid-November.6

Those same politicians, led by Matt Gaetz, collaborated with their Democratic counterparts, creating a historical moment when McCarthy became the first speaker in US history to be removed from the position through a vote.7 Though I suppose it wasn’t entirely a shock because his role as Speaker has been fraught with controversy, including his election. It took 15 ballots for McCarthy to be elected, only after making concessions to some members of the right-wing Freedom Caucus, of which Gaetz is a member.8 It was the longest multi-ballot speaker election since 1856.9 Later, it was revealed that McCarthy had been in direct communication with former President Donald Trump during the January 6th attack on the Capitol, pleading with him to call off the mob.10 This was a major point of contention among some House Republicans, particularly the Freedom Caucus.11

The shakeup could also significantly affect the upcoming midterm elections. The GOP’s internal strife might affect their ability to present a cohesive front to voters. Democrats, on the other hand, may see an opportunity to gain more seats in the House if they can capitalize on Republican divisions. It’s too early to say for sure, but it’s clear that the GOP is at a crossroads. The Republican Party now faces the challenge of selecting a new Speaker to bridge the gap between the different factions and lead with unity. But interim Speaker Patrick McHenry immediately ordered Rep. Nancy Pelosi out of her D.C. office—the same one that was ransacked by January 6 rioters—while she was at the funeral of Rep. Dianne Feinstein.12 Both parties have opportunities and challenges to navigate in the coming months. As our nation moves forward, it is imperative that we prioritize unity and effective leadership to address the pressing issues facing our country.

Jennifer Castle (jennifer.castle@vanderbilt.edu), Librarian for Human and Organizational Development, Vanderbilt University.

Notes

1. Benjamin Civiletti, “Applicability of the Antideficiency Act Upon a Lapse in an Agency’s Appropriations,” Office of Legal Counsel, April 25, 1980, https://www.justice.gov/olc/opinion/applicability-antideficiency-act-upon-lapse-agency%E2%80%99s-appropriation.
2. Government Accountability Office, “The Antideficiency Act,” in vol. 2, Principles of Federal Appropriations Law, 3rd Ed. (Washington, DC: GAO, 2006), 34–146, https://www.gao.gov/assets/gao-06-382sp.pdf.
3. Robin Levinson King and Anthony Zurcher, “Why Government Shutdowns Seem to Only Happen in U.S.,” BBC, October 2, 2023, https://www.bbc.com/news/world-us-canada-66965637.
4. Ian Shapira, “Meet the Democrat Who Paved the Way for Government Shutdowns. Yes, a Democrat,” Washington Post, January 17, 2019, https://www.washingtonpost.com/history/2019/01/17/meet-democrat-who-paved-way-government-shutdowns-yes-democrat/.
5. Kyle Midura and Ian Couzens, “What Led To the Collapse of McCarthy’s Speakership and What’s Next for the House,” PBS, October 3, 2003, https://www.pbs.org/newshour/show/what-led-to-the-collapse-of-mccarthys-speakership-and-whats-next-for-the-house.
6. Deirdre Walsh, Ximena Bustillo, and Lexie Schapitl, “Congress Passes Spending Stopgap, Averting a Shutdown Hours before Midnight Deadline,” NPR, September 30, 2023, https://www.npr.org/2023/09/30/1202839419/house-and-senate-race-to-find-agreement-ahead-shutdown-deadline.
7. Ken Tran et al., “Kevin McCarthy Ousted from House Speakership after Republican Rebellion: What You Missed,” USA Today, October 3, 2023, https://www.usatoday.com/story/news/politics/2023/10/03/kevin-mccarthy-speaker-live-updates/71044062007/.
8. Allison McCartney et al., “Vote Count: McCarthy Elected House Speaker After 15 Ballots,” New York Times, January 6, 2023, https://www.nytimes.com/interactive/2023/01/04/us/politics/house-speaker-vote-tally.html; US Office of the Clerk, Roll Call 20, January 20, 2023, https://clerk.house.gov/Votes/202320.
9. US Office of the Historian, “The Longest and Most Contentious Speaker Election in House History,” History.house.gov, accessed September 28, https://history.house.gov/Historical-Highlights/1851-1900/The-longest-and-most-contentious-Speaker-election-in-its-history/.
10. Emily Brooks, “McCarthy Told Trump that Jan. 6 Rioters Were ‘Trying to F------ Kill Me’: Book,” The Hill, October 11, 2022, https://thehill.com/homenews/house/3682571-mccarthy-told-trump-that-jan-6-rioters-were-trying-to-ing-kill-me-book/.
11. Anthony Zurcher, “How January 6 May Have Doomed Kevin McCarthy’s Speaker Hopes,” BBC, January 6, 2023, https://www.bbc.com/news/world-us-canada-64182829.
12. Emily Olson, “Nancy Pelosi Says the Interim House Speaker Asked Her to Vacate Her Capitol Office,” NPR, October 4, 2023, https://www.npr.org/2023/10/04/1203566052/pelosi-office-patrick-mchenry-speaker; Lindsay Whitehurst, “Capitol Rioter Photographed Propping Feet on Desk in Pelosi’s Office Sentenced to Over 4 Years,” Associated Press, May 24, 2023, https://apnews.com/article/jan-6-capitol-attack-pelosi-desk-000f57444992a716a843a3bde71a2b20.