Hill Country Chronicle

On Wednesday, Representative Chip Roy of Texas led a group of nine House GOP colleagues in collaboration with the Mountain States Legal Foundation to file an amicus brief concerning the practice of proxy voting. This filing was submitted to the U.S. Fifth Circuit Court of Appeals in the case titled Texas v. DOJ.

The brief supports Texas' stance, previously affirmed by a U.S. District Court ruling, that passing the $1.7 trillion omnibus spending bill for FY 2023 breached the Constitution's physical quorum requirement.

"Our government is one of checks and balances," states the brief. "For our constitutional structure to work, however, it must be followed. While it may be easy to adopt legislative shortcuts or turn a blind eye to the Constitution in times of crisis, our Framers ensured that no such measures could be taken."

This submission comes after Senator Mitch McConnell defended proxy voting practices in Congress through an amicus brief, despite his earlier criticisms against Democrats regarding this method.

"This about-face is alarming," notes the brief. "If Senator McConnell—one of the Nation’s most powerful political leaders—is willing to suddenly turn a blind eye to the House’s constitutional transgressions, it underscores the urgent need for this Court’s robust statement about the confines of Congress’s legislative power."

Joining Representative Roy in signing this amicus brief are Representatives H. Morgan Griffith (VA-9), Andy Ogles (TN-5), Harriet Hageman (WY-AL), Andy Biggs (AZ-5), Clay Higgins (LA-3), Warren Davidson (OH-8), Gary Palmer (AL-6), Matt Rosendale (MT-2), and John Rose (TN-6).

The case background highlights that in December 2022, 226 Members of the House voted by proxy on final passage of an omnibus spending bill — marking a historic first where a congressional chamber passed legislation without a physical majority present.

Additional points from Wednesday's filing emphasize that constituents depend on their representatives being present to consider concerns when voting occurs and argue against any exceptions allowing remote voting as inconsistent with representative government principles.

"In short, to do business, Congress must have a quorum physically present in the House," asserts another part of the filing.

The court is urged to affirm that legislation enacted without following constitutional processes cannot be deemed valid merely due to its importance.