Texas Attorney General Ken Paxton Sues Joe Biden Over Signing Federal Spending Package

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WASHINGTON — Texas Attorney General Ken Paxton on Wednesday sued President Joe Biden for signing last year’s federal government funding package, alleging it was illegally passed by Congress.

In a lawsuit filed in federal court in Lubbock, Paxton argues that the US House of Representatives requires a physical majority of its members to pass legislation. But a majority of House members voted in favor of the proxy funding package, which Paxton argues makes it invalid.

The funding package, passed from the US House of Representatives to Biden’s desk last December, is intended to fund federal programs through the end of the fiscal year. Only 201 members were in the House to vote, with most of the other members returning to their respective constituencies for the holiday break. Members could vote by proxy under rules enacted by then-House Speaker Nancy Pelosi, initially to account for the COVID-19 pandemic.

“At the time of foundation, “real” meant “[n]absent; face to face; be at hand,” Paxton wrote in his lawsuit, quoting a modern dictionary definition of “real.”

The White House did not immediately respond to a request for comment.

Members of both parties have regularly used proxy voting throughout the pandemic, including for reasons unrelated to fighting or preventing the disease. It was common practice to use proxy voting to resolve issues within the county, media appearances, or meetings with constituents. Speaker of the House Kevin McCarthy canceled the proxy vote after he took the gavel, saying it was an abuse and not conducive to debate in the room.

Paxton asked the court to declare the package package invalid and unenforceable.

The package includes $1.7 trillion in appropriations, including increased funding for Ukraine, the Department of Defense, and veterans assistance. The package received broad bipartisan support in the Senate but faced fierce opposition from Republicans in the House of Representatives. Rep. Kay Granger, the top Republican on the House Appropriations Committee, has been particularly vocal in her opposition to the 22% increase in funding for non-discretionary, non-defense programs.

After Republicans in the House of Representatives took control of the lower house, they tried to limit federal funding by using the debt ceiling to nudge Democrats into their plans. A handful of Texans have become a leading voice in the effort, including House Budget Chair Jody Arrington, R-Lubbock, and Rep. Chip Roy, R-Austin.

Paxton also argues that the package places an undue burden on the state due to provisions designed to protect pregnant workers, including civil servants. The package requires employers to make “reasonable accommodations” related to pregnancy and childbirth and allows workers to sue if their employers do not comply.

Paxton contends that the provision is unnecessary because Texas already offers reasonable accommodations to pregnant state employees and that the federal government does not have the constitutional authority to open up the state to maternity accommodation lawsuits.

Paxton also disagreed with funding programs to help asylum seekers wait out their cases in the United States. The program includes housing and tuition assistance, which Paxton argues places an additional burden on the state, which “spends extra money on services to illegal aliens that they wouldn’t otherwise spend.”