Attorney General Paxton filed a motion for preliminary injunction to stop part of the Consolidated Appropriations Act of 2023 from being implemented. The initial lawsuit challenging the law as unconstitutional was filed and announced by Paxton in February.  

Under the Constitution, if more than half of its members are absent, the House of Representatives lacks a quorum and may only “adjourn from day to day” or “compel the attendance of absent members.” In December 2022, while more than half the members were physically absent from the Capitol, the omnibus bill passed the House only because then-Speaker Nancy Pelosi circumvented the constitutional requirement that a quorum be present to conduct business. The bill’s passage was made possible only by allowing members who were not physically present—but who instead voted by proxy—to be counted as “present,” which Pelosi deceptively claimed constituted a quorum.  

Because the $1.7 trillion bill did not lawfully pass in the House of Representatives, it was unlawful for Joe Biden to sign the bill and, following the signing, for his Administration to implement it as law.  

“Americans deserve better than Joe Biden teaming up with Nancy Pelosi to deceitfully enact trillion-dollar legislation by violating rules clearly mandated in the Constitution,” said Attorney General Paxton. “The consequences of their lawlessness and deception are going to be felt all across our state. It is crucial that our legal system stop these acute harms—such as the millions of dollars facilitating illegal immigration—from being imposed on Texans.” 

To read the motion for preliminary injunction, click here.