In a dramatic twist, a federal judge from Lubbock, Texas, constructing a strikingly new narrative of constitutional enforcement, bravely ventured into uncharted legal territory.Â
He declared the $1.7 trillion government spending bill passed by Congress in 2022 as unconstitutional, poke-holing the passing method, an emergency measure during the pandemic that allowed House of Representatives members to cast their votes via proxy, instead of the traditional in-person vote.
Texas Attorney General Ken Paxton, who championed the challenge against the bill, focused on a provision that bolstered legal protection for pregnant workers. The judiciary’s gavel fell squarely in favor of Paxton’s argument.
A Step Too Far – Unconstitutionality of the Pregnant Workers Fairness Act
The controversial piece of legislation whose proverbial Waterloo came in the form of this case was the Pregnant Workers Fairness Act.Â
The law, enacted in December 2022, ostensibly mandated all employers to provide reasonable accommodations to pregnant workers.
However, the U.S. District Judge Wesley Hendrix, a Trump-era appointee, opined that the law’s enactment was flawed. He imposed a barrier on the application of the Fairness Act, limiting its enforcement only on the state as an employer.
Ken Paxton vociferously denounced the federal spending package, arguing its passage methodology flagrantly violated the Constitution.Â
In creating the bill, he contended, over half of the House of Representative members were not physically present to vote, which undermined the quorum and threw the legitimacy of the whole proceedings into question, as they had voted via proxy.
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Questioning The Validity of Proxy Rule
The House’s proxy voting rule was birthed in the throes of the COVID-19 pandemic in May 2020, thanks to the proactive measures of then-Speaker of the House, Democrat Nancy Pelosi.Â
The rule, however, was short-lived, being discarded when control of the House passed to the Republicans in 2022, after it had undergone a failed challenge in court.
In his detailed 120-page ruling, Judge Hendrix cogently discussed the long-held constitutional understanding that a majority of House or Senate members must be physically present to form a quorum for passing legislation.
Ken Paxton, celebrating the ruling, declared, “Congress acted egregiously by passing the largest spending bill in U.S. history with fewer than half the members of the House bothering to show up and vote in person.”
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Implications and Looking Forward
While the ruling has struck an unexpected blow at the spending package, it doesn’t simplify matters for all. The decision puts numerous components of the colossal spending package into question, leaving many to speculate about the package’s future and its impact on everyday Americans.
Despite the accomplishment, Judge Hendrix ruled that Texas lacked the standing to challenge $20 million allocated in the bill to a pilot program for case management and services for non-citizens during immigration removal proceedings.
As Matthew Miller, a lawyer from the Texas Public Policy Foundation, put it, this ruling has “correctly concluded a physical quorum was required to vote.”
As a result, this historic ruling has shed new light on the understanding of quorum and constitutional mandates, their enforcement, and the boundaries of legislative power.Â
It signals the start of a new era for legal challenges, forever changing the landscape of U.S. legislative proceedings. With much still left unwritten, the country waits to see the full impact of this ground-breaking decision.
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Susan Paige is a prolific female writer known for her insightful analyses on business news, particularly focusing on the stock market, cryptocurrency, and related topics. With a keen eye for trends and a knack for distilling complex concepts into accessible pieces, she captivates readers with her expertise and clarity.
