Congress
Members of Congress won a battle to increase their pay. The war will go on.
A federal court has finally weighed in on the sensitive topic of congressional member pay, ruling that lawmakers acted improperly in repeatedly canceling cost-of-living adjustments.
But members who have long groused about their stagnant compensation should not expect a raise anytime soon — if ever.
Congress has repeatedly voted to overrule a 1989 law meant to keep member salaries apace with inflation, keeping their yearly pay fixed at $174,000. But U.S. Court of Federal Claims Judge Eric Bruggink wrote in an opinion that those votes run afoul of the 27th Amendment, which says any adjustment to congressional pay cannot apply until after an intervening election.
While Bruggink’s ruling was preliminary, it represents a significant victory for a bipartisan group of past and current lawmakers who have been seeking back pay for years of missed salary increases. Many of the plaintiffs have publicly argued that congressional pay simply isn’t high enough to compete with private-sector opportunities for high-achieving Americans.
Rep. Steny Hoyer (D-Md.), one of the plaintiffs, said in a Thursday interview that the ruling made “clear that what we were doing is not constitutional.”
Congress has voted to deny itself an automatic cost-of-living adjustment over 20 times, including every year since 2009, as members flinch from the potential political backlash of voting themselves a raise. Even after nearly two decades of stagnation, House members make nearly $100,000 more than the median American household.
“There’s some irony in the idea that maybe what’s going to finally make this happen is Congress turning to an entire other branch of the government to do something that they themselves could choose to do, and in fact have decided not to,” said Molly Reynolds, a Brookings Institute fellow who specializes in congressional matters.
While the plaintiffs and advocates are celebrating the opinion, the litigation is set to continue for months, if not years. Bruggink said multiple questions still must be litigated that could dictate how much members might be owed, including whether the past COLA cancellations are entirely void or simply delayed in their effect.
“I wouldn’t expect members of Congress to see their next paycheck go up,” said Daniel Schuman, executive director of the nonpartisan American Governance Institute. “What this court is dealing with is the lawsuit for back pay.”
There is the possibility, however, that current and former lawmakers could be eligible for big checks. Plaintiffs have previously argued that someone like Hoyer, who has served continuously since the COLA law went into effect, is owed as much as $420,000.
Aside from the legal uncertainty, major political roadblocks remain to boosting member pay, even as Hoyer and others hope the opinion supercharges their efforts.
The House remains on track with legislation that yet again would block a cost-of-living adjustment for fiscal 2027 — even as COLA proponents argue that upping member salaries would make lawmakers less beholden to corporate interests or keen to using inside information for profit.
Rep. Rosa DeLauro (D-Conn.), the top Democrat on the House Appropriations Committee, said in an interview that she had not yet read the opinion but acknowledged the potentially toxic politics of the issue.
“The American people, they’re working hard, and their wages have just not caught up,” DeLauro said. “We shouldn’t be taking care of ourselves and not helping …the American people.”
Bruggink’s opinion was published the same day the Appropriations panel took up the annual bill dealing with congressional salaries and other Legislative Branch matters.
Hoyer brought up the court opinion during the panel’s debate, advising members that they should expect a final ruling soon. House Appropriations Chair Tom Cole (R-Okla.) cast doubt, however, on any immediate impact.
“We don’t know anything really about the opinion yet,” Cole cautioned.
Eventually, the opinion could give lawmakers just enough legal cover to allow themselves a pay bump. Already this term, the push for a modest raise picked up some momentum as other anti-corruption efforts, such as a congressional stock-trading ban, gained traction.
A December 2024 appropriations package would have made lawmakers eligible for a 3.8 percent pay increase, or about $6,600. At the height of his cost-cutting fervor, Elon Musk torpedoed the effort — only to later support the adjustment on X as a measure that “might make sense.”
When he announced support for the stock-trading ban last year, Speaker Mike Johnson suggested it would be easier for Congress to rally around the ban if members made more money.
“I don’t think we should have any appearance of impropriety here,” he said. “But the other side of it, some people say: Well, look, the salary of Congress has been frozen since 2009. When you adjust for inflation, a member of Congress is making 31 percent less today than they made in that year.”
“It goes down every year,” he added. “Over time, if you stay on this trajectory, you’re going to have less qualified people who are willing to make the extreme sacrifice to run for Congress.”
Senate Judiciary Chair Chuck Grassley rescheduled a planned vote on Todd Blanche’s nomination as attorney general late Friday in a preemptive move as negotiations between the Trump administration and GOP holdouts continue.
The vote, now set for Tuesday after a scheduled Thursday vote was postponed, isn’t an indication that a deal allowing for Blanche’s confirmation is near, so much as it is a nod to Judiciary Committee rules that require three days of notice for a panel meeting.
There is no sign that President Donald Trump is about to acquiesce to the unflinching demands of Sen. John Cornyn (R-Texas), who wants a controversial settlement agreement between Trump and the IRS substantially pared back.
Cornyn, who lost his primary to a Trump-endorsed candidate, wants the Justice Department to nullify a $1.8 billion “Anti-Weaponization Fund” and limit the scope of a tax audit immunity component of the pact.
Trump told reporters earlier Friday the fund is “dead” but added “I wish it weren’t.”
“I’d like to see them compensated,” he added, referring to people he considers victims of government abuse, including participants in the Jan. 6, 2021, Capitol attack.
To advance Tuesday, Blanche needs to pick up Cornyn and Sen. Thom Tillis (R-N.C.), another senator on the panel with similar concerns. He can’t lose any GOP votes if he wants to be reported favorably out of the Judiciary Committee.
“Chairman Grassley wants Todd Blanche’s nomination to be successful,” said a Judiciary Committee spokesperson, who declined to be named. “Noticing the markup gives more time for the White House to secure the votes for the President’s nominee. Grassley would like to see Blanche confirmed before the August recess as he has an excellent record restoring law and order and keeping Americans safe.”
House Majority Leader Steve Scalise is zeroing in on one of House Republicans’ biggest contests — a purple district in Nebraska — when he starts his recess campaign sprint.
Scalise will travel to Nebraska’s 2nd Congressional District in the Omaha area for an event with Republican Brinker Harding in the coming days, according to a person with direct knowledge of the matter granted anonymity to share plans not yet made public. Republicans are digging in to defend the seat, which Kamala Harris won in the 2024 presidential race and is among Democrats’ best pick up opportunities this fall as they seek to flip the House.
Harding is running against Democratic consultant Denise Powell to replace retiring GOP Rep. Don Bacon. Bacon, a moderate-leaning Republican, flipped the Omaha district red in 2016.
After Nebraska, Scalise is planning to travel across the country throughout August, including to defend GOP incumbents Mariannette Miller-Meeks’ and Zach Nunn’s key battleground seats in Iowa’s 1st and 3rd Congressional Districts and Derrick Van Orden in Wisconsin’s 3rd Congressional District.
He’ll boost candidates working to flip blue districts like Laurie Buckhout in North Carolina’s 1st Congressional District, Derek Merrin in Ohio’s 9th Congressional District and Mike LiPetri in New York’s 3rd Congressional District.
Scalise also plans to travel to Michigan, Colorado, South Carolina and Texas for campaign events over the August recess.
President Donald Trump goaded John Cornyn on social media Friday morning, accusing the Texas senator of withholding his vote on Todd Blanche’s attorney general nomination in retaliation for Trump’s central role in his political demise.
Cornyn, who lost his May primary to Texas’ scandal-ridden attorney general, the Trump-endorsed Ken Paxton, has threatened to block Blanche’s nomination in the Senate Judiciary Committee until the White House promises to permanently shelve its $1.8 billion “anti-weaponization fund” in writing — something Trump appears unwilling to do.
“John Cornyn never had a problem with the so called “Fund,” which will not benefit me, but rather the great American Patriots who were hunted down like dogs and whose lives were unfairly and illegally destroyed by the Crooked Joe Biden Administration, until after I decided to Endorse and Support his Republican Primary opponent in Texas, who easily won the Nomination for the United States Senate,” Trump wrote on Truth Social.
Several Republicans bristled at the fund, which could have been deployed to compensate Americans who faced charges after the Jan. 6 Capitol riot and which gives the president and his family audit immunity over taxes. At his July confirmation hearing, Blanche said that the fund, part of a settlement the president reached with the IRS, was defunct. But the administration has been “reluctant to change” the text of the settlement, Cornyn told reporters Thursday.
Trump signaled his continued support for the Jan 6 rioters on Friday.
“I will always feel that these victims of government abuse should be paid back for what they were forced to endure, their lives have been ruined!” he wrote. “Millions of people agree with me, as was proven in my landslide Presidential win, where this was a major subject of debate, and so did John Cornyn, until he lost his Election to an opponent that I Endorsed.”
On Thursday, the president suggested that he could punt a Senate vote on Blanche until after Cornyn — and Sen. Thom Tillis (R-N.C.) — leaves the chamber at the end of the year. Cornyn, however, suggested on social media that there are other Republican senators with concerns about the fund.
“After the midterms, who knows who’s going to be the next United States senator from North Carolina or Texas?” Cornyn told reporters.
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