Judge Rules In Gov Spending Bill
On Tuesday, a federal judge ruled that the $1.7 trillion spending bill passed in December 2022 was unconstitutional due to the lack of a quorum. The ruling, issued by United States District Judge James Wesley Hendrix of the Northern District of Texas, stated that the House of Representatives passed the bill improperly by allowing proxy voting. The bill, which included a provision about pregnant women in the workplace, was signed into law by President Joe Biden.
The judge’s ruling came after a lawsuit was filed by Texas Attorney General Ken Paxton in February 2023, arguing that the use of proxy voting violated the Constitution. The Congress, which was then controlled by Democrats, allowed members to vote by proxy due to the ongoing COVID-19 pandemic. Out of the 224 members who voted in favor of the bill, only 215 Democrats and nine Republicans were present in person.
In his 120-page opinion, Judge Hendrix stated that “the Court finds that the passage of the Consolidated Appropriations Act violated the Constitution.” However, he also clarified that the ruling only applies to the Pregnant Workers Fairness Act and does not invalidate the entire spending package. The injunction was limited to preventing the application of the Act against Texas.
The judge further explained that the Quorum Clause, which requires a majority of members to be present for voting, also requires physical presence in order for it to be effective. He stated that the provision for forcing absent members to attend only makes sense if physical presence is required. This ruling was a result of the precedent set by Supreme Court rulings that have long held that the Quorum Clause requires physical presence.
🚨 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
Texas Attorney General Ken Paxton praised the court’s decision and criticized former Speaker Nancy Pelosi for abusing proxy voting in order to pass the spending bill. He stated that passing such a monumental bill with less than half of the House members present was a violation of the rule of law. He also expressed relief that the court upheld the Constitution.
The White House has not yet responded to a request for comment on the ruling. The Daily Caller News Foundation reached out for a comment but has not received a response yet.
In January 2022, the Supreme Court ruled against Republican efforts to challenge the use of proxy voting during the COVID-19 pandemic. The rule was put in place to ensure the safety of members and staff while still allowing legislative processes to continue. However, the recent ruling by Judge Hendrix brings up questions about the constitutionality of proxy voting and its use in passing such important legislation.
This ruling also raises concerns about the use of proxy voting in the future and its potential impact on the legislative process. Some may argue that it was necessary during a pandemic, but others may question whether it opens the door to potential abuse and lack of accountability.
It is important to note that the ruling does not invalidate the entire spending package, but rather only applies to the Pregnant Workers Fairness Act. This means that the other provisions in the bill, including funding for various government agencies and programs, will continue to be enforced.
The use of proxy voting in Congress has been a controversial issue since its implementation. While some argue that it allows for more flexibility and protects members from potential exposure to COVID-19, others argue that it undermines the principles of democracy and accountability.
This ruling sets an important precedent for future discussions on the use of proxy voting in Congress. It remains to be seen how this decision will impact future legislative processes and decisions made by the House of Representatives.