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Big Tex Takes Down Uncle Sam, Judge Brands $1.7T Spending Bill Unconstitutional in Lone Star Legal Showdown

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Published on February 28, 2024
Big Tex Takes Down Uncle Sam, Judge Brands $1.7T Spending Bill Unconstitutional in Lone Star Legal ShowdownSource: Texas Attorney General's Office

Texas has claimed a victory in the courtroom over the federal government after a judge ruled the passage of a $1.7 trillion spending bill as unconstitutional. Attorney General Ken Paxton spearheaded the challenge, asserting the bill was passed in December 2022 without the required number of House members physically present to meet the standard of a quorum, according to a press release from his office.

The controversy lies in the usage of proxy voting, which allowed representatives not physically present to still have their votes counted. A court has now determined that this mode of operation violates the Quorum Clause of the U.S. Constitution. Despite fewer than half of the representatives being on the floor, the Consolidated Appropriations Act of 2023 was enacted, causing Paxton to sue, according to a statement obtained by the Texas Attorney General's office.

Attorney General Paxton didn't mince words on the ruling, “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 said. A claim is made that the previous House leadership, under Nancy Pelosi, exploited the proxy vote system amidst the COVID-19 pandemic to push the bill through, and President Joe Biden endorsed the move despite the purported violation.

The Texas Public Policy Foundation, who assisted as co-counsel, applauded the comprehensive 120-page decision. TPPF senior attorney Matt Miller highlighted, “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.” The judgment seeks to enjoin federal officials from enforcing specific provisions of the act that impart undue financial burdens on Texas. Proxy voting has been ruled, by this court, as unconstitutional in this context.