Texas Attorney General Ken Paxton on Tuesday secured a major victory in his challenge to the $1.7 trillion omnibus spending package passed in 2022, with a court declaring that the bill was approved unconstitutionally.
President Joe Biden signed the Consolidated Appropriations Act of 2023 in December of the prior year. The measure effectively set the federal budget for the year by wrapping the 12 annual appropriations bills into a single piece of legislation. Paxton, however, had argued that the House’s passage of the measure was unconstitutional as less than half of the lower chamber’s members were physically present to vote on it. Many lawmakers who were not present voted by proxy. Paxton had specifically challenged stipulations in the bill that affect his state.
“Like many constitutional challenges, Texas asserts that this provision is unenforceable against it because Congress violated the Constitution in passing the law. In response, the defendants claim, among other things, that this Court has no power to address the issue because it cannot look to extrinsic evidence to question whether a bill became law,” the U.S. District Court for the Northern District of Texas, Lubbock Division wrote. “But because the Court is interpreting and enforcing the Constitution—rather than second-guessing a vote count—the Court disagrees. The Court concludes that, by including members who were indisputably absent in the quorum count, the Act at issue passed in violation of the Constitution’s Quorum Clause.”
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