“No minority party present while vote is passed.
Law requires at least two present.”
Not yet. But they had the balls to try it. I am sure it will be countered with references.
Here is a thread about the rule.
http://www.freerepublic.com/focus/f-news/2378551/posts
So here we are at the second day of Kerry-Boxer markup and the second day Boxer chose to proceed without GOP representation, despite committee rules requiring two members of the minority be present in order to provide a quorum for a markup.
It seems Boxer cited a “provision in the rules” she claims allows her to proceed as long as a majority of committee members are present. Not that I don’t trust her, although I most certainly do not, but I thought a quick trip over to the EPW rules site for a look-see was in order.
Now, according to Rule 2 of the committee rules: [my emphasis]
“At committee business meetings, and for the purpose of approving the issuance of a subpoena or approving a committee resolution, one third of the members of the committee, at least two of whom are members of the minority party, constitute a quorum, except as provided in subsection (d).”
And it appears to be the language of subsection (d) that Boxer is attempting to play games with:
“No measure or matter may be reported to the Senate by the committee unless a majority of committee members cast votes in person.”
From a layman’s reading, one would surmise that although the bill can be reported out of committee with a simple majority, at least 2 Republicans need be present to consider any amendments. In which case, Boxer’s decision to continue markup sessions without minority representation would be as illegal as it is unprecedented.