The attorney general argued the House unconstitutionally passed its federal spending bill because not enough members were physically present to vote. Both Republicans and Democrats voted by proxy throughout the pandemic.
Texas Attorney General Ken Paxton speaks during a press conference outside the Supreme Court in Washington, D.C., on Nov. 1, 2021.
The funding package, which passed out of the U.S. House to Biden’s desk last December, funds federal programs for the rest of the fiscal year. Only 201 members were in the chamber for the vote, with most other members having returned to their districts for the holiday recess. Members were able to vote by proxy under rules enacted by then-House Speaker Nancy Pelosi originally to account for the COVID-19 pandemic.
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