Quick Hit: 

In a significant victory for Texas Attorney General Ken Paxton, a court has declared the $1.7 trillion federal omnibus spending package passed in 2022 as unconstitutional. The ruling asserts that the House's approval of the bill was invalid due to less than half of its members being physically present to vote.

Key Details: 

• The Consolidated Appropriations Act of 2023, signed by President Joe Biden, set the federal budget by combining 12 annual appropriations bills into one legislation.
• Texas Attorney General Ken Paxton challenged the constitutionality of the bill's passage, arguing that many lawmakers voted by proxy, violating the Constitution's Quorum Clause.
• The U.S. District Court for the Northern District of Texas, Lubbock Division, agreed with Paxton, stating that the Act was passed in violation of the Constitution's Quorum Clause.

Diving Deeper: 

The court's decision is a significant win for Paxton, who has been vocal in his opposition to the bill, particularly provisions that impact his state. "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," Paxton said in response to the ruling.

The Texas Public Policy Foundation (TPPF), which served as co-counsel in the case, also praised the court's decision. "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," said TPPF senior attorney Matt Miller.

This ruling underscores the ongoing debate over the constitutionality of proxy voting, a practice that has become increasingly common amid the COVID-19 pandemic. The decision could have far-reaching implications for future legislative processes and the validity of laws passed under similar circumstances.