Maloney led the small assembly in the Pledge of Allegiance, and then quickly asked Westmoreland for time on the floor. But her request quickly turned into a protest, as Westmoreland ignored her and declared that the journal of the prior day's proceeding was approved.

Maloney could still be heard asking for time as Westmoreland gaveled the session closed, and moved to exit the chamber.

House Democrats have protested every pro forma session since late September, arguing that the House should not have adjourned as early as it did and instead should have worked on legislation to help Americans avoid a tax hike next year.

Current marginal tax rates will rise next year unless Congress acts, but the two parties have split on what to do about it. Democrats have said they support keeping rates low for everyone but upper-income earners, while Republicans have pushed for keeping all rates low.