How often have you heard Dems touting some version of their favorite ‘defenders of democracy’ talking point?
This ruling needs to be front-and-center in EVERY GOP’s campaign response to those claim.
Pelosi, Schumer, and Biden passed $1.7 Trillion dollars worth of unconstitutional legislation with a single stroke of a pen.
Ken Paxton took the Biden administration to court over that 2022 Omnibus bill worth $1.7 Trillion dollars. He blasted the whole process as having been unconstitutional.
Guess what? He won. Next it advances to the Fifth Circuit.
While the 2022 budget has already been spent, and can’t be wished away even if the courts had power to do so, there are provisions in that omnibus impacting the State of Texas that the Texan AG Paxton raised in his challenge.
Depending on how the appeals process plays out, that could impact whether or not certain provisions in that legislation actually apply to Texas moving forward.
What was the case about?
At issue was the $1.7 Trillion ‘bipartisan’ Omnibus deal rushed through in late 2022, just before House GOP could take back the gavel from Nancy Pelosi, meaning the GOP had zero leverage for budgeting in their first year of Congress. (Thanks for nothing, McConnell. Since then, Schumer’s Senate has not even bothered to look at the individual appropiations bills for the coming year, despite a looming government ‘shutdown’. It must be that they WANT these omnibus deals.)
The ‘deal’ played by all the same rules that Obamacare worked with. You had to pass the deal to know what’s in it.
AG Paxton did NOT appreciate the way it was passed. Ditto for some of the content.
In December of the previous year, President Joe Biden signed the Consolidated Appropriations Act of 2023, consolidating the federal budget for the year by combining 12 annual appropriations bills into one piece of legislation. However, Texas Attorney General Ken Paxton contested the constitutionality of the bill’s passage in the House, arguing that less than half of its members were physically present to vote, with many voting by proxy. Paxton specifically challenged provisions in the bill that impacted Texas. — Leading Report
Here’s the text of his Presser:
Texas Attorney General Ken Paxton secured a major victory in defense of the United States Constitution, with a court ruling that the $1.7 trillion omnibus spending package was unlawfully passed by the U.S. House of Representatives in 2022 without a quorum physically present as constitutionally required. The Court enjoined the defendants—the United States Attorney General, the United States Department of Justice, the Equal Employment Opportunity Commission, and their officials—from enforcing a provision of the Consolidated Appropriations Act of 2023 against the State of Texas that was proved to impose unjust cost burdens on the State.
The Quorum Clause of the U.S. Constitution mandates that the chambers of Congress must have a majority of members physically present to constitute a quorum before most official business may be conducted. However, in December 2022, fewer than half of the House of Representatives were physically present when they passed the $1.7 trillion Consolidated Appropriations Act of 2023, with those not present voting by proxy. When President Joe Biden signed the illegally passed law, Attorney General Paxton sued and sought an injunction against the implementation of certain provisions of the law affecting the State of Texas.
“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,” said Attorney General Paxton. “Former Speaker Nancy Pelosi abused proxy voting under the pretext of COVID-19 to pass this 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-counsel. “This meticulous, 120-page opinion was written after a full trial on the merits,” said TPPF senior attorney Matt Miller. “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. Proxy voting is unconstitutional.”
What comes next?
It will advance to the 5th Circuit, and so on up the chain until a final decision is reached.
BREAKING! Texas Federal District Court rules for Texas AG Ken Paxton that Congress's $1.7 trillion omnibus spending bill is unconstitutional! Huge win! Next stop is the Fifth Circuit, which has been solid on these types of federal government overreach cases.…
— Paul M. Davis (@fireduptxlawyer) February 28, 2024
Unless the ruling is stayed, it seems Texas will not be subject to specific provisions of the omnibus law.
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