Texas AG Ken Paxton is at it again. He has brought a lawsuit against Joe Biden for signing the $1.7 trillion dollar boondoggle bill.
And guess what. He should win this one hands down. He is basing his lawsuit on the constitution that says a quorum must be present in order to pass any bill.
As you may recall, Pelosi allowed members to vote by proxy. However, the constitution makes no allowance for proxy voting.
The U.S. House of Representatives quickly approved a $1.7 trillion spending bill on Friday, funding the government until the end of next September in a win for President Biden and congressional Democrats.
The House passed the more than 4,000-page spending measure mostly along party lines in a 225-201 vote that saw nine Republicans vote for the bill along with every Democrat except Rep. Alexandria Ocasio-Cortez of New York. Another Democrat, Rep. Rashida Tlaib of Michigan, voted present.
The nine GOP votes supporting the bill included those of Never-Trump Republicans Liz Cheney of Wyoming and Adam Kinzinger of Illinois. Also voting in favor were retiring Reps. John Katko and Chris Jacobs of New York, Rodney Davis of Illinois, Fred Upton of Michigan, and Jamie Hererra Butler of Washington. GOP Reps. Brian Fitzpatrick of Pennsylvania and Steve Womack of Arkansas were the only two lawmakers to vote in favor that were re-elected this year.
House lawmakers rushed the bill out the door as harsh winter weather threatened to delay their flights back home. After discussing the rule that set the terms of debate on the bill for a full hour, House members gave just a cursory, shortened debate on the bill itself before voting began.
Now, Paxton is trying to stop the implementation of the bill due to the fact there were less than 50% of the House members in actual attendance. Paxton said:
“Because the omnibus spending bill wasn’t passed when a quorum of the House was present, it was never lawfully enacted, is unconstitutional, and the federal government should be enjoined from implementing it.”
Attorney General Paxton is suing President Biden and members of his Administration over the unlawful signing and implementation of the Consolidated Appropriations Act of 2023, which was the latest omnibus spending bill.
The U.S. Constitution requires that a quorum of members of the U.S. House of Representatives be present for the lower chamber of Congress to conduct business. When the House passed the Consolidated Appropriations Act of 2023 in December 2022, fewer than half of its members were present and more than half voted by proxy.
The U.S. Constitution empowers a quorum-less House only to “adjourn from day to day” or “compel the attendance of absent members.” Because “attendance” means physical presence, the U.S. Constitution does not allow voting by proxy to constitute a quorum. And because the omnibus spending bill wasn’t passed when a quorum of the House was present, it was never lawfully enacted, is unconstitutional, and the federal government should be enjoined from implementing it.