This was one of a series of votes generated by procedural moves of the Republican minority to protest the decision of the Democratic majority to limit the number of amendments that could be offered to H.R. 2847, the fiscal year 2010 appropriations for the Departments of Commerce and Justice and for federal science and other programs.

The Mollohan (D-WV) Amendment, which increased funding for the State Criminal Alien Assistance Program to $100 million by taking amounts from other Justice Department Programs, had been approved. It is common practice in the House, after any vote, for the Speaker to declare, “without objection, the motion to reconsider is laid upon the table.” According to the House Floor Procedural Manual: “(I)f no objection is raised, this has the parliamentary effect of ending any possibility that another vote . . . can take place.”  The Manual also notes that objection is often raised, and a motion is made to reconsider the previous vote, “when Members (usually minority Members) determine there is a need to slow down the legislative process.” That is what occurred here.

The vote was 172-245 along almost straight party lines. One hundred and sixty-nine Republicans and three Democrats voted “aye”. Two hundred and forty-one Democrats and four Republicans voted “nay”. As a result, the motion to reconsider the previous vote approving the Mollohan Amendment was defeated, the increased funding for the State Criminal Alien Assistance Program remained intact, and the legislative process was delayed for a few minutes.