35 Democrats vote with GOP to block Biden rule allowing Newsom's gas car ban

35 House Democrats joined Republicans to block a Biden-era waiver for Gov. Gavin Newsom's gas car ban.

House Speaker Mike Johnson, right, led Republicans and 35 Democrats in passing a resolution to block Gov. Gavin Newsom's gas car ban. (Getty Images/Shutterstock)

It was a stunning repudiation of their own former party leader's policies targeting one of Democrats' largest strongholds.

Republican leaders, meanwhile, cheered the resolution's passage.

House Majority Leader Steve Scalise, R-La., said of the California waiver, "This radical measure bans the sale of gas-powered vehicles, forcing electric vehicles on the American people and taking away consumer choice."

"Americans should choose which car best suits their needs and the needs of their family, not the government," Scalise told Fox News Digital.

House Majority Whip Tom Emmer, R-Minn., said, "There is no reason the radical climate policies of California should regulate the entire American population and rob every American of consumer choice."

"House Republicans are righting yet another wrong done by the Biden administration and returning basic freedom to choose whatever car you want to the American people," Emmer told Fox News Digital.

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The waiver was granted under former President Joe Biden's administration. (Jacquelyn Martin/AP/Bloomberg via Getty Images)

At the time, the Biden administration argued the waiver amounted to an order rather than a regulatory rule, meaning it would not be subject to congressional review.

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However, it has been the subject of a standoff between the Trump administration and the federal bureaucracy since then.

The Trump administration asked Congress to review the waiver in late February of this year – paving the way for a potential repeal under the GOP-controlled House and Senate.

However, the Government Accountability Office said in March that California's waiver is not subject to the Congressional Review Act.

Elizabeth Elkind is a politics reporter for Fox News Digital leading coverage of the House of Representatives. Previous digital bylines seen at Daily Mail and CBS News.

Follow on Twitter at @liz_elkind and send tips to elizabeth.elkind@fox.com

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