Texas Attorney General Ken Paxton announced a great win for the state of Texas against the federal government over the federal funding bill that was passed by proxy voting rules passed in the House of Representatives under then-Speaker Nancy Pelosi.
AG Paxton’s office published a notice on Tuesday noting that he had won a case challenging the $1.7 trillion federal spending bill that he maintained was passed using unconstitutional proxy voting rules allowing the funding bill to be passed with less than half the U.S. Congress physically present to cast a vote.
Paxton’s suit was heard in the U.S. District Court for the Northern District of Texas by U.S. Judge James Wesley Hendrix, who found in favor of the AG’s office in a Tuesday decision.
“The Quorum Clause of the U.S. Constitution mandates that the chambers of Congress must have a majority of members physically present to constitute a quorum before most official business may be conducted,” Paxton explained in his news release.
“However, in December 2022, fewer than half of the House of Representatives were physically present when they passed the $1.7 trillion Consolidated Appropriations Act of 2023, with those not present voting by proxy,” Paxton’s office wrote.
“When President Joe Biden signed the illegally passed law, Attorney General Paxton sued and sought an injunction against the implementation of certain provisions of the law affecting the State of Texas,” the news release added.
Attorney General Ken Paxton Wins Case Challenging $1.7 Trillion Federal Funding Bill Passed Unconstitutionally With Less Than Half of U.S. Congress Physically Present: https://t.co/gzKbjlBdDI
— Texas Attorney General (@TXAG) February 27, 2024
“Congress acted egregiously by passing the largest spending bill in U.S. history with fewer than half the members of the House bothering to do their jobs, show up, and vote in person,” Paxton said after the win. “Former Speaker Nancy Pelosi abused proxy voting under the pretext of COVID-19 to pass this law, then Biden signed it, knowing they violated the Constitution. This was a stunning violation of the rule of law. I am relieved the Court upheld the Constitution.”
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In a separate post to X, Paxton celebrated his “HUGE WIN.”
“We Just Secured A Win On The Case Challenging $1.7 Trillion Federal Funding Bill Passed Unconstitutionally With Less Than Half of U.S. Congress Physically Present Congress acted egregiously by passing the largest spending bill in U.S. history with fewer than half the members of the House bothering to do their jobs, show up, and vote in person.” he wrote in his Tuesday post.
“Former Speaker Nancy Pelosi abused proxy voting under the pretext of COVID-19 to pass this law, then Biden signed it, knowing they violated the Constitution. This was a stunning violation of the rule of law. I am relieved the Court upheld the Constitution,” Paxton said.
🚨 HUGE WIN: We Just Secured A Win On The Case Challenging $1.7 Trillion Federal Funding Bill Passed Unconstitutionally With Less Than Half of U.S. Congress Physically Present Congress acted egregiously by passing the largest spending bill in U.S. history with fewer… https://t.co/5GiKsg9S2C
— Attorney General Ken Paxton (@KenPaxtonTX) February 27, 2024
The Texas Public Policy Foundation served as co-counsel in the lawsuit.
TPPF senior attorney Matt Miller noted that, “This meticulous, 120-page opinion was written after a full trial on the merits. The Court correctly concluded that the Consolidated Appropriations Act of 2023 violated the Quorum Clause of the U.S. Constitution because a majority of House members was not physically present when the $1.7 trillion spending bill was passed. Proxy voting is unconstitutional,” per the news release.
The judge in the case maintained that Nancy Pelosi and the House leadership violated the Constitution’s “quorum clause” found in Article I, Section 5.
“Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.”
Ultimately, Paxton said the illegal passage of the omnibus spending bill on Dec. 23, 2022, which forced states to comply with the Pregnant Workers Fairness Act, is unconstitutional and that Joe Biden cannot now impose the requirements of the measure on the State of Texas. And Judge Hendrix agreed, issuing an injunction barring the Biden administration from enforcing the PWFA on Texas.
The win may be a path forward for other states to begin whittling away on the unconstitutional acts of the federal government.
