Texas will get another chance to challenge a portion of a $1.7 trillion spending package Congress passed without a physical quorum after the entire Fifth Circuit opted to review the state’s loss.
The judges will go en banc to consider whether Congress rightfully established a Covid-19 rule permitting proxy votes, the US Court of Appeals for the Fifth Circuit said Wednesday.
The two-paragraph order vacates an August decision from Judges James Graves Jr. and Stephen Higginson that held attendance isn’t required to establish a quorum over a dissent from Judge Cory Wilson.
Texas asked for en banc review as it ...