It appears Congress will get another chance to vote on the FISA amendment that would bar the government from conducting surveillance on American citizens without first obtaining a warrant. On Friday, the House voted on legislation to extend the use of FISA, along with a series of amendments aimed at reforming Section 702, the provision that allows federal agencies to surveil Americans without a warrant.

Rep. Andy Biggs’ (R-AZ) proposed amendment would have required the authorities to obtain a warrant before spying on Americans. However, this change was narrowly voted down after House Speaker Mike Johnson (R-LA) cast the tiebreaking vote against the amendment.

House Democrats mostly voted against the measure 84-126, while most Republicans voted for it 128-86. However, the vote ended in a tie, meaning that House Speaker Mike Johnson (R-LA) got to cast the tie-breaking vote. Unfortunately, he voted to continue allowing federal agencies to conduct warrantless surveillance on Americans in violation of the Constitution.

Read more: 

Speaker Johnson Casts Deciding Vote to Allow the FBI to Spy on Americans Without a Warrant

OPINION: The FISA Reauthorization Vote Shows How Little Congress Cares About Protecting Our Rights

However, the proverbial fat lady has not sung just yet. Rep. Anna Paulina Luna (R-FL) announced on X, formerly known as Twitter, that she has used a “rare procedural maneuver” that will compel the lower chamber to hold another vote on the amendment next Monday. Her post included a video clip explaining how it works.

You cannot have a free and open society with the warrantless spying of Americans. Today, the bipartisan vote to force intelligence communities to get a warrant was lost by one vote. In an effort to stop this, I requested a rare procedural maneuver that will force a second vote on… pic.twitter.com/f4apWu62I6

— Anna Paulina Luna (@realannapaulina) April 12, 2024

According to the video clip, the procedure Luna used is a rarely-used motion to have the House reconsider a vote. Fox News’ Senior Congressional Correspondent Chad Pergram explained:

Reconsider is basically saying we're going to vote again, okay? What you can do to euthanize that, to terminate that is table it. That kills it. We don't see that very often where somebody demands a roll call vote on that very arcane piece of parliamentary procedure. But basically, you hear this at the end of every roll call vote where they move to reconsider, and then somebody says they move to table and that's it. That didn't happen today, and that's that would delay it getting to the Senate, John.

The vote was politically fraught given the controversy surrounding Section 702, a provision the FBI has used to spy on thousands of American citizens. Opponents argue that it is a clear violation of the Fourth Amendment, which protects against unreasonable searches and seizures, and requires federal agencies to procure a warrant before conducting surveillance on Americans.

This is a welcome development, but it may not change anything. For whatever reason, some Republican and Democratic lawmakers decided that their oath to protect the natural and Constitutional rights of Americans isn’t important.

But, as I pointed out in a previous piece, the reason why lawmakers vote against safeguarding the rights of the people is because they know they won’t face accountability when it comes time to go to the ballot. If Luna’s measure sticks, now might be the time for you to contact your congressperson. You can find whether your representative voted against the amendment here.