Texas Attorney General Ken Paxton had a big win today on the constitutionality of the $1.7 trillion federal funding bill. It was passed unconstitutionally in violation of the Quorum Act, with less than half of the US Congress physically present.
The defendant was US Attorney General Merrick Garland.
The Speaker of the House, Nancy Pelosi, allowed people to vote by proxy even though that has never happened in 235 years.
When they passed the $1.7 trillion omnibus in 2022, the house did not have a quorum physically present as constitutionally required.
Attorney General Paxton sued because of two clauses in the bill, but the whole bill was declared constitutional as it happened. The bill was called the Consolidated Appropriations Act of 2023.
Texas Attorney General Paxton sued because of the cost burdens it imposed on the state of Texas.
Paxton said, “Former speaker, Nancy Pelosi, abused proxy voting under the pretext of COVID–19 to pass the 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.“
The Texas Public Policy Foundation served as co-council.
This was the largest spending bill in U.S. history, and they didn’t even do it following the Constitution.
Texas said they were injured by two unrelated provisions of the Act. One was a $20 million allocation to DHS’s Alternatives to Detention Case Management pilot program, which was less expensive and more humane. Two, the Pregnant Workers Fairness Act, which newly requires covered employers, is defined to include states as employers — to provide certain accommodations for pregnant employees.
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