Ten House Republicans, led by Rep. Chip Roy (R-TX), argued on Wednesday to an appellate court that the House’s pandemic-era proxy voting rules were unconstitutional and pointedly accused Senate Minority Leader Mitch McConnell (R-KY) of flip-flopping his position on them.
The lawmakers made the arguments in an amicus brief, authored by Mountain States Legal Foundation attorneys, after McConnell submitted his own brief in a case that could upend a $1.7 trillion omnibus spending bill that Congress passed in December 2022.
“Amici are especially concerned that other members of Congress, such as Senate Minority Leader McConnell, have urged this Court to essentially hold that even the most abusive of legislative procedures is immune from judicial review,” the attorneys wrote.
The case, which is making its way through the conservative 5th U.S. Circuit Court of Appeals, centers on the…