On Wednesday, Representative Chip Roy (TX-21) led nine of his House GOP colleagues in joining with the Mountain States Legal Foundation to file an amicus brief on the harms of proxy voting to the U.S. Fifth Circuit of Appeals in Texas v. DOJ.
The brief supports the State of Texas’ position – which the U.S. District Court’s ruling affirmed – that the passage of the $1.7 trillion omnibus spending bill for FY 2023 violated the Constitution’s physical quorum requirement.
“Our government is one of checks and balances. For our constitutional structure to work, however, it must be followed. While it may be easy to adopt legislative shortcuts or turn a blind eye to the Constitution in times of crisis, our Framers ensured that no such measures could be taken,” the brief adds.
Wednesday’s brief follows Senator Mitch McConnell’s (KY) recent defense of the House’s proxy voting practice in an amicus brief for the case arguing that courts should not interfere with Congress’ voting practices — despite his previous warnings to Democrats against the practice.
“This about-face is alarming,”the brief contends. “If Senator McConnell—one of the Nation’s most powerful political leaders—is willing to suddenly turn a blind eye to the House’s constitutional transgressions, it underscores the urgent need for this Court’s robust statement about the confines of Congress’s legislative power.”
Signers of the amicus brief also include Representatives H. Morgan Griffith (VA-9), Andy Ogles (TN-5), Harriet Hageman (WY-AL), Andy Biggs (AZ-5), Clay Higgins (LA-3), Warren Davidson (OH-8), Gary Palmer (AL-6), Matt Rosendale (MT-2), and John Rose (TN-6).
CASE BACKGROUND: In December 2022, 226 Members of the House of Representatives voted by proxy on final passage of the omnibus spending bill – marking the first time in American history that a chamber of Congress passed a bill without a physical majority present.
MORE FROM WEDNESDAY’S FILING:
- “[C]onstituents rely on their Representatives hearing their concerns, and being able to consider these concerns when voting, even up to the moment when a vote occurs”
- “Consistent with the principles surrounding representative government, the Constitution does not permit the House of Representatives to adopt an exception to the rule that one must vote in person.”
- “In short, to do business, Congress must have a quorum physically present in the House.”
- “Now, the District Court has appropriately answered that question below—legislation that is not enacted through an unconstitutional process is not valid merely because the government says that it’s really important. This Court should this affirm, holding that Plaintiff is correct that the Consolidated Appropriations Act of 2023 is unconstitutional because Congress lacked a quorum when the House voted to accept the Senate’s amendments on December 23, 2022.”
The full text of the amicus brief may be viewed here.
