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.
“Nowhere does the U.S. Constitution authorize the House to pass trillion-dollar bills when more than half the members are in their homes, vacationing, or are anywhere physically other than the United States Capitol Building,” said Attorney General Paxton. “Our Founders would be turning over in their graves if they could see how former Speaker Nancy Pelosi used proxy voting to upend our constitutional system. That is especially true regarding the 1.7 trillion-dollar bill that should have never been ‘passed.’ Joe Biden, who’s been in Washington for half a century, should have known he couldn’t legally sign it either. But he never seems to let the law get in the way of him doing whatever he wants to do.”
To read the full lawsuit, click here.
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