An attorney representing Rep. Rick Crawford, R-Ark., and some former members of Congress on Friday argued against a Justice Department bid to dismiss a lawsuit that aims to provide them with retroactive pay.
The lawsuit, filed in the U.S. Court of Federal Claims, says Congress and the president suppressed cost-of-living increases in violation of the 27th Amendment, which stops officials from “varying the compensation” of lawmakers between House elections. The former lawmakers say they were underpaid by hundreds of thousands of dollars on an individual basis. Their suit says a 1989 law set a formula on annual cost-of-living adjustments to lawmaker salaries, but officials have “unconstitutionally suppressed” the increases via statute.
The plaintiffs include former members Rodney L. Davis, Thomas M. Davis III, Edwin G. Perlmutter and Mark S. Kirk. They’re being represented by Ken Cuccinelli, a former Trump administration Homeland Security official.
