While this procedure was a step in the right direction, proxy voting remains a stopgap solution that still requires in-person presence for some members, which creates a serious vulnerability. Since the pandemic began, more than 127 members of Congress have publicly disclosed that they tested positive, self-quarantined, or had otherwise come in contact with someone who tested positive. Two Republican lawmakers died from COVID complications. On Dec. 29, 2020, just a week before taking office, Congressman-elect Luke Letlow of Louisiana passed away of COVID. On Feb. 7, 2021, Texas Rep. Ron Wright died two weeks after contracting it.

Still, the Senate chose not to modify its legislative operations. The chamber also requires that committees have a majority of senators present to report legislation. The Senate has already seen one instance where the virus forced lawmakers to modify its calendar. In October 2020, then-Majority Leader Mitch McConnell changed the legislative schedule after multiple senators tested positive, delaying floor activity for two weeks. With the current 50-50 composition of lawmakers in the Senate, any senator contracting COVID or forced to quarantine could tip the balance of power and throw the chamber into chaos.

Fortunately, a bipartisan effort to address Senate continuity has been introduced. Sponsored by Dick Durbin and Rob Portman, it would amends the Senate Standing Rules to allow senators to use certified technology to cast votes outside of the chamber in circumstances when the majority and minority leaders jointly determine that an “extraordinary crisis of national extent exists.” We believe that we are at that moment.