© WikipediaFormer Speaker of the House, Nancy Pelosi
This ruling exposes the disregard the Democrat-controlled Congress and executive branch hold for our Constitution.Congress lacked the constitutionally required quorum to pass the Consolidated Appropriations Act of 2023,
a federal court ruled Tuesday. Accordingly, the Biden administration cannot enforce the new mandates imposed on Texas by the Pregnant Workers Fairness Act,
which was part of the omnibus spending bill. However, Tuesday's ruling left untouched the $1.7 trillion in appropriations,
and with most of the money already spent,
there is no real remedy for the Democrat-controlled Congress and White House's blatant disregard for the Constitution.
Last month, federal Judge James Hendrix held a bench trial in State of Texas v. Dept. of Justice, a lawsuit brought by Texas Attorney General Ken Paxton against the Biden administration.
In that lawsuit, Paxton challenged the constitutionality of the Consolidated Appropriations Act of 2023 based on the "quorum clause" of the U.S. Constitution, which is found in Article I and says:
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Texas' lawsuit argued that when the House voted on the final version of the omnibus spending bill on Dec. 23, 2022, it lacked a quorum to conduct business because only 201 of the members were physically present that day,
which was less than a majority of the total number of voting House members, 435.The House,
under the control of Democrats and then-Speaker Nancy Pelosi, opted, however, to apply a proxy-voting rule that allowed absent representatives to have other members of the House cast votes on their behalf.
The result? The Consolidated Appropriations Act of 2023 passed with a tally of 225 yeas, 201 nays, and 1 present. President Joe Biden then signed the bill on Dec. 29, 2022, purporting to make it law.