Former Trump Official Files Class-Action Lawsuit Seeking $50 Million for Lawmakers Over Unpaid Salaries

A former Trump White House official, Ken Cuccinelli, has initiated a class-action lawsuit on behalf of lawmakers, alleging that their salaries have been unconstitutionally suppressed, potentially entitling them to $50 million in damages collectively.

Legal Basis of the Lawsuit

The lawsuit, filed by Cuccinelli, represents 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 changes to congressional salaries from taking effect until after an intervening election. Cuccinelli argues that Congress has violated this amendment by consistently denying lawmakers cost-of-living adjustments since 2009.

Impact on Lawmakers

Lawmakers’ salaries, fixed at $174,000 annually since 2009, have failed to keep pace with inflation due to legislative provisions blocking pay increases. Cuccinelli contends that this suppression of wages effectively violates the 27th Amendment, impacting lawmakers’ financial well-being and forcing them to contend with the rising cost of living without adequate compensation.

Calculation of Damages

The lawsuit seeks compensation for affected lawmakers, including Democratic Rep. Ed Perlmutter of Colorado, Republican Rep. Rodney Davis of Illinois, and Republican Rep. Tom Davis of Virginia. By estimating the additional wages owed to approximately 1800 current and former lawmakers affected by the denial of cost-of-living adjustments, the plaintiffs aim to secure approximately $50 million in damages from the government.

Public Response and Legal Justification

Despite potential public opposition to increasing lawmakers’ salaries, Cuccinelli remains steadfast in his pursuit, emphasizing his commitment to constitutional principles. He dismisses concerns about public sentiment, citing his conservative and constitutionalist beliefs. Referring to the original proponent of the 27th Amendment, James Madison, Cuccinelli asserts that his advocacy aligns with the framers’ intentions to limit government actions rather than prioritize popularity.

Background and Motivation

Cuccinelli’s involvement in the lawsuit stems from his previous legal challenges, including a case involving fines imposed on Republican congressmen by former House Speaker Nancy Pelosi. Inspired by his experiences, Cuccinelli views the lawsuit as a courageous endeavor, particularly for Rep. Rick Crawford, who faces reelection in November and has taken a bold stance by joining the legal action.

As the lawsuit progresses, it underscores broader debates surrounding lawmakers’ salaries, constitutional interpretations, and the intersection of legal principles with public sentiment and governmental accountability.