U.S. District Judge James Wesley Hendrix, a federal judge in Texas, has declared the $1.7 trillion government funding bill, passed in 2022, unconstitutional due to lawmakers resorting to proxy voting instead of in-person participation.
Judge Hendrix, appointed by former President Donald Trump, issued a memorandum opinion and order on Feb. 27, asserting that the Consolidated Appropriations Act of 2023, the largest spending package in U.S. history, was passed in violation of the Constitution’s Quorum Clause.
Proxy voting
The lawsuit, brought forth by Texas Attorney General Ken Paxton against the Biden administration, argued that the use of proxy voting undermined the integrity of the legislative process. Despite the Biden administration’s contention that the court lacked jurisdiction, Judge James Wesley Hendrix maintained that the court’s role was to uphold constitutional principles, not to question vote counts.
Judge Hendrix highlighted that the inclusion of absent members in the quorum count rendered the act unconstitutional, mandating a reassessment of the legislative process.
The proxy voting rule, initially implemented in May 2020 under the stewardship of then-House Speaker Nancy Pelosi amid the COVID-19 pandemic, allowed representatives to act as proxies for absent colleagues during floor votes.
Despite earlier legal challenges, the Supreme Court’s refusal to hear a case brought by then-House Speaker Kevin McCarthy in January 2023, and subsequent extensions of the rule, the issue persisted. Paxton’s lawsuit further scrutinized the constitutionality of the $1.7 trillion spending bill, underscoring concerns over specific provisions impacting Texas.
The ruling
Judge Hendrix’s ruling, while acknowledging the unconstitutionality of the proxy voting rule, maintained a limited scope, refraining from nullifying the entire spending bill.
In a final judgment on Feb. 28, Judge Hendrix dismissed other claims against the Biden administration, citing a lack of standing, while upholding the constitutionality of the majority of the spending bill.
Reacting to the ruling, Paxton criticized Congress for its use of proxy voting and urged adherence to constitutional norms, emphasizing the paramount importance of upholding the rule of law.
Cover Photo: Depositphotos
https://theindependent.co/conservatives-concerned-after-liberals-show-support-for-emonte-morgan/
