A federal judge in Texas ruled that the House of Representatives unconstitutionally passed a $1.7 trillion government funding bill in 2022 by allowing members to vote by proxy instead of being physically present.
Texas Attorney General Ken Paxton had argued the bill was passed improperly and challenged provisions protecting pregnant workers.
U.S. District Judge Wesley Hendrix blocked enforcing the Pregnant Workers Fairness Act against Texas as an employer, stating the Quorum Clause requires physical presence.
Paxton sued in 2021 over the proxy voting rule used due to COVID, arguing over half of representatives were absent.
The judge’s 120-page ruling found 200+ years of precedent that Congress must be physically present.
Judge Hendrix wrote, “Supreme Court precedent has long held that the Quorum Clause requires presence, and the Clause’s text distinguishes those absent members from the quorum and provides a mechanism for obtaining a physical quorum by compelling absent members to attend.”
Paxton said Congress acted “egregiously” by passing the largest spending bill with fewer than half representatives doing their jobs in person.
Paxton responded, “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.”
“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,” he continued.
The DOJ did not comment on the ruling.