Lawsuit Could Hand Members Of Congress Millions In Taxpayer Dollars And A Massive Pay Raise

A bipartisan group of current and former lawmakers is pursuing a lawsuit that could force taxpayers to pay out tens of millions of dollars in back pay to members of Congress while also paving the way for significant future salary increases.

The lawsuit argues that Congress violated the Constitution’s 27th Amendment by repeatedly blocking automatic cost-of-living increases that lawmakers were supposed to receive under a 1989 law. A federal court recently ruled that the case can move forward, giving the effort new momentum.

If the plaintiffs ultimately prevail, taxpayers could be responsible for at least $69 million in back pay according to estimates from the National Taxpayers Union Foundation. Individual lawmakers could receive payouts ranging from roughly $225,000 to more than $400,000 each.

The lawsuit could also trigger automatic salary increases moving forward. Congressional pay has remained frozen at $174,000 per year since 2009, but a successful ruling could push that figure above $250,000 annually, representing a raise of roughly 45 percent.

Among the lawmakers involved in the case are Steny Hoyer, Rick Crawford, James Clyburn, former lawmakers Rodney Davis and Ed Perlmutter, with former Ken Cuccinelli serving as the group’s attorney.

Critics argue that if lawmakers believe they deserve a raise, they should vote publicly for one rather than relying on the courts to deliver higher salaries and retroactive payments funded by taxpayers. Supporters of the lawsuit counter that congressional salaries have failed to keep pace with inflation and that members often maintain residences both in Washington and in their home districts.

The case is still working its way through the courts, and additional hearings are expected to determine potential damages and the number of current and former lawmakers who could qualify for compensation if the plaintiffs succeed.