The House Oversight Committee, chaired by Rep. Carolyn Maloney (D-NY), voted the bill, H.R. 51, out of committee by a vote of 25-19 to create D.C. statehood Wednesday.

Biggs' view is supported by legal scholars, who opposed D.C. statehood's feasibility without a Constitutional amendment to the 23rd Amendment. The Office of Legal Counsel in 2007 believed it was unconstitutional, the Justice Department under former President Reagan and former President Carter stated the transformation was unconstitutional, and so did Supreme Court Justice Antonin Scalia, when he sat on the D.C. Circuit Court of Appeals.

Additionally, twenty-two state Attorneys General sent a letter Tuesday to President Joe Biden and Congress arguing Washington, D.C., cannot transition into a state via legislation, but only through the method of a Constitutional amendment.