The Senate voted 51-48 that Schumer’s point of order is well taken, meaning that it ruled that the first impeachment article is unconstitutional. That article had charged Mayorkas with “willfully and systemically” refusing to comply with federal immigration laws.
Sen. Lisa Murkowski, R-Alaska, voted present. Sens. John Thune, R-S.D., and John Cornyn, R-Texas, were spotted speaking with Murkowski during the quorum call earlier. Murkowski has never shared how she plans to vote on a possible motion to dismiss or table the articles with reporters.
Senate Majority Leader Chuck Schumer, D-N.Y., then raised a motion to declare the second article of impeachment unconstitutional as well.