At a time when the national debt exceeds $38 trillion, several current and former lawmakers are suing taxpayers for retroactive pay increases.
Represented by former Virginia Attorney General Ken Cuccinelli, Jim Clyburn (D-SC), Rick Crawford (R-AR), Steny Hoyer (D-MD), former Reps. Rodney Davis (R-IL), Tom Davis (R-VA), Ed Perlmutter (D-CO), and former Sen. Mark Kirk (R-IL) are suing taxpayers for retroactive pay hikes that could add tens of millions—and potentially far more—to federal liabilities. (Reps. Clyburn and Hoyer signed on as new plaintiffs since 2024 when NTU Foundation wrote about the case and its potential burden on taxpayers.)
The plaintiffs argue that annual votes since 1992 to block automatic cost-of-living adjustments (COLAs) for members of Congress violated the 27th Amendment to the U.S. Constitution. Originally proposed by James Madison in 1789 and ratified in 1992, the amendment requires that any law varying congressional compensation may not take effect until after an intervening election. It should be noted that the votes Congress made provided for pay freezes.
An early ruling limited claims dating back to 2018. Based on that window, the plaintiffs seek $418,796.08 each for Clyburn, Crawford, and Hoyer, and $226,367.39 for Davis and Perlmutter. Because of the statute of limitations, Sen. Kirk is no longer eligible to receive damages. If the plaintiffs are successful, other representatives, delegates, and senators who served during the eligible period could also seek back pay, potentially adding tens of millions in additional costs.
Taxpayer liabilities could run even higher. Congressional pensions are calculated based on a member’s highest three consecutive years of salary. Although the court struck the plaintiffs’ request to automatically apply foregone salary increases to pension calculations, a favorable ruling could prompt former members to petition the Office of Personnel Management for recalculated, higher pensions—significantly increasing the long-term fiscal burden.
With the federal debt on track to overtake the size of the U.S. economy, it is deeply troubling that these current and former lawmakers are seeking back pay from taxpayers—especially since each of the plaintiffs agreed multiple times to block the COLAs in votes they now claim were unconstitutional.
Oral arguments in the case are scheduled for Friday, February 20, in the U.S. Court of Federal Claims. NTUF will provide a follow-up analysis offering a deeper overview of the arguments presented by both sides.