Former Trump White House official and lawyer Ken Cuccinelli has filed a class-action lawsuit, seeking $50 million in damages for lawmakers who claim their salaries have been unlawfully suppressed. The lawsuit challenges the constitutionality of the stagnant wages for rank-and-file House and Senate members, arguing that they are entitled to receive annual cost-of-living adjustments.
Background and Legal Basis
The lawsuit, spearheaded by Cuccinelli, was filed on behalf of Republican Rep. Rick Crawford of Arkansas and several former lawmakers from both parties. It centers on the 27th Amendment to the US Constitution, which prohibits laws that alter lawmakers’ compensation from taking effect without an intervening election of Representatives.
Allegations and Argument
Cuccinelli contends that Congress has violated the Constitution by repeatedly blocking cost-of-living adjustments for lawmakers’ salaries through government funding bills. These adjustments have been withheld since 2009, resulting in a stagnant annual salary of $174,000 for rank-and-file lawmakers. By denying these adjustments, Cuccinelli argues that Congress has effectively suppressed lawmakers’ wages, contravening the spirit of the 27th Amendment.
Impact and Compensation
The lawsuit calculates the damages owed to affected lawmakers, including former Democratic Rep. Ed Perlmutter of Colorado, former Republican Rep. Rodney Davis of Illinois, and former Republican Rep. Tom Davis of Virginia. It estimates that approximately 1800 current and former lawmakers have been affected by the denial of cost-of-living adjustments, leading to the $50 million claim against the government.
Public Opinion and Response
While the lawsuit advocates for the constitutional rights of lawmakers, it faces public skepticism, as polls consistently show opposition to raising congressional salaries. Cuccinelli remains undeterred by public opinion, emphasizing his commitment to constitutional principles and dismissing concerns about popularity.
Legal Strategy and Inspiration
Cuccinelli’s involvement in the lawsuit stems from his previous legal battles, including a case involving fines imposed on Republican congressmen for bypassing House security measures. Despite a prior lawsuit alleging a violation of the 27th Amendment being dismissed, Cuccinelli views the current lawsuit as a necessary step towards upholding constitutional integrity.
Conclusion
The class-action lawsuit led by Ken Cuccinelli underscores the contentious issue of congressional salaries and constitutional rights. As the legal battle unfolds, it raises questions about the balance between public perception and constitutional mandates, with potential implications for lawmakers’ compensation and government accountability.
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