Supreme Court Rejects GOP House Members' Appeal of Metal Detector Fines Levied Under Pelosi's Regime

On Monday, the United States Supreme Court declined to hear an appeal filed by three Republican Congressmen who were fined $5,000 each by the House for bypassing security scanners installed after the Jan. 6 Capitol protest. This decision signals that congressional matters remain within the purview of Congress itself after SCOTUS similarly rejected a case brought by Rep. Marjorie Taylor Greene (R-GA) and two other Republicans, who had their pay reduced in 2021 for flouting a mask mandate on the House floor during the COVID pandemic.

In the recent case, Reps. Andrew Clyde (R-GA), Lloyd Smucker (R-PA), and former Rep. Louie Gohmert (R-TX) had sought the Supreme Court's intervention regarding the "massive fines" imposed on them for ignoring magnetometers placed outside the House chamber following the Capitol riot. The metal detectors had been a source of contention, with the House rule to install them narrowly passing by a handful of votes.

Nancy Pelosi (D-CA), who was House Speaker at the time, expressed bewilderment at any member's refusal to comply, saying,

It is beyond comprehension why any member would refuse to adhere to these simple, commonsense steps to keep this body safe.

Former Rep. Gohmert stated in February 2021 that he briefly left the House floor to use a restroom and was unaware of the need for rescanning upon return.

Gohmert, who retired in 2022, compared the situation to a scene in "The Godfather," suggesting that there were no hiding spots for weapons, saying,

At no time until yesterday did anyone mention the need to be wanded after entering the restroom directly in front of the guards. Unlike in the movie The Godfather, there are no toilets with tanks where one could hide a gun, so my reentry onto the House floor should have been a non-issue.

Details about the incidents involving Representatives Clyde and Smucker remain unclear. Despite losing an appeal in the House ethics committee, Clyde, Smucker, and Gohmert refused to pay their fines, resulting in a $5,000 deduction from their base salary of $174,000.

The trio sued the House sergeant at arms and the chief administrator, alleging a violation of the Constitution’s 27th Amendment by adjusting their congressionally mandated pay. They argued that matters such as metal detectors and payroll issues were not part of Congress' legislative function and were therefore subject to federal court oversight. Lawyers representing the House officials argued that Congress' internal affairs are solely its jurisdiction under the Constitution and that pay adjustments for various reasons are common.

A federal appeals panel echoed its previous decision in the mask mandate case, ruling that the judiciary lacks authority over Congress. The Supreme Court's refusal to take up the metal detector case affirms this ruling.

In 2021, then-Speaker Pelosi was accused by three republican lawmakers of violating her own rule in a letter written to the Acting House Sergeant-At-Arms, as RedState previously reported:

Reps. Rodney Davids (R-IL), Barry Loudermilk (R-GA), and Bryan Steil (R-WI) wrote a letter to Acting House Sergeant-At-Arms Timothy Blodgett noting that the House Speaker violated her own rules.
“(Thursday), at approximately 9:59 am, multiple members observed the Speaker of the House entering the House Chamber without completing security screening,” the lawmakers wrote. “What we observed is a clear violation of House Resolution 73 and you are required by House Rules to impose this fine. Please inform us once this fine has been assessed.”
However, Blodgett explained that he could only assess a fine “after receiving an unusual occurrence report from the United States Capitol Police.” According to him, “only the USCP can determine whether an individual has failed to complete security screening.”

The metal detectors were removed in 2023 after Republicans gained control of the House.