by Adam Pack and Andi Shae Napier
The Republican-controlled House of Representatives failed to clear a procedural rule Tuesday evening that would prevent any lawmaker from forcing a vote on terminating President Donald Trump’s tariffs for the majority of 2026.
Lawmakers voted 214-217 to approve the rule, falling short of a simple majority. Tariff-skeptical Republican Reps. Thomas Massie of Kentucky, Kevin Kiley of California and Don Bacon of Nebraska joined every House Democrat in opposition to the measure.
Two Republicans did not vote. Republican North Carolina Rep. Greg Murphy, who underwent surgery in December after being diagnosed with a benign tumor in his skull, has not voted the entire week.
“I have to answer to Article I,” Bacon told reporters while exiting the Capitol after voting, referring to Congress’s statutory authority to approve tariffs levied by the president.
Last year, Bacon announced he would not seek reelection in 2026 and retire from Congress.
“After consultation with my family and much prayer, I have decided not to seek reelection in 2026 and will fulfill my term in the 119th Congress through January 2, 2027. After three decades in the Air Force and now going on one decade in Congress, I look forward to coming home in the evenings and being with my wife and seeing more of our adult children and eight grandchildren, who all live near my home. I’ve been married for 41 years, and I’d like to dedicate more time to my family, my church, and the Omaha community,” Bacon said.
“I also want to continue advocating for a strong national security strategy and a strong alliance system with countries that share our love of democracy, free markets and the rule of law,” he added.
The failed vote came after House GOP leaders chose to delay the proceeding, initially slated for early Tuesday afternoon, for seven hours to keep whipping support for the rule. Given Republicans’ current 218-214 majority, House Speaker Mike Johnson could afford to lose just one defection assuming all members are present and voting.
The procedural rule would specifically block House lawmakers from triggering votes on cancelling Trump’s tariffs on Canada, Mexico and Brazil until the beginning of August. The House is expected to be out of session that month and October to allow lawmakers to campaign in their districts ahead of November’s midterm elections.
Massie, a fierce opponent of tariffs who is facing a primary challenge backed by Trump, immediately voted “no” on the measure.
“The law requires Congress to permit a vote on Presidential emergencies within 15 days of being declared,” the Kentucky Republican wrote on X. “Today the Speaker is trying to pass a resolution that literally says a day is not a day, just to avoid voting on the emergencies that underpin the tariffs. Smoke & mirrors!”
Some GOP lawmakers have grown frustrated with House Republican leadership repeatedly blocking rank-and-file members from forcing votes on resolutions eliminating Trump’s tariffs. The House previously voted 216-214 in March 2025 to prohibit lawmakers from bringing up legislation that would overturn the president’s tariffs.
That procedural measure expired on Jan. 31, giving Democrats an opening to terminate the president’s emergency powers underpinning his tariffs. Democratic New York Rep. Gregory Meeks has pledged to force a vote on a resolution revoking Trump’s Canada tariffs on Wednesday absent efforts from GOP leadership to block him.
That measure would likely pass the Senate due to an earlier version clearing the chamber with four GOP “yes” votes in October. However, any resolution overturning Trump’s tariffs that makes it to his desk is expected to be met with an immediate veto.
House Republican leadership argued Tuesday that members should oppose the rule, citing the Supreme Court who is expected to rule on the president’s tariff regime in the next several months.
“The rationale for extending this a bit longer to July is to allow the Supreme Court to rule on the pending case,” Speaker Johnson told reporters. “That process has been playing out. I think it’s logical to allow that to continue.”
Johnson also praised the president’s trade agenda, arguing it has a “great benefit to the country.”
A Marist survey released Feb. 5 found that 56% of Americans believe that tariffs are harmful to the U.S. economy.
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Adam Pack and Andi Shae Napier are reporters at Daily Caller News Foundation. Zachery Schmidt is the digital editor of The Star News Network and contributed to this story.
