Wednesday, February 22, 2023

Quorum? No Quorum? The $1.7T Question

 As the essay here drolly remarks, this is "little noticed."

Joe Biden’s Dec. 29 signing of the Consolidated Appropriations Act of 2023 was invalid because the House never actually passed the omnibus spending bill the president purportedly signed into law. At least, that’s what Texas Attorney General Ken Paxton claims in a little-noticed lawsuit he filed last week against the Biden administration. If a court agrees, the taxpayer-funded $1.7 trillion federal spending spree — and every other aspect of that billcould be rendered void....

Huh?

 ...the appropriations bill began its life as House Resolution 2617, which the lower chamber passed in September of 2021. The Senate passed a different version of the bill in November of 2022, and because the bills were not identical, the differences had to be reconciled and then approved by each body. The Senate approved the House’s amendments to the bill on Dec. 22, 2022, and the next day, members of the House met to consider the Senate’s changes.

Here’s where the constitutional problem arose, says Paxton’s lawsuit. When the House met on Dec. 23, 2022, to vote on the Consolidated Appropriations Act, it lacked a quorum to conduct business. Only 201 of the representatives were present. Nonetheless, the House proceeded with the vote. But it didn’t just count the votes of the present members. It added to the tally an extra 226 votes, cast by present House lawmakers on behalf of absent ones who had appointed them “proxies.” 

While the votes of those physically present totaled 88 yeas and 113 nays, the House clerk recorded that the bill passed by a margin of 225 yea, 201 nay, and 1 present...

Talk about "shadow Government"!!!

It's not really a question of the law and the facts.

It's a question of nerve.  

Will SCOTUS do what it should do?

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