Congressional lawmakers are suing to try to win retroactive pay raises, and drawing scorn

"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," the NTUF says

Published: March 8, 2026 10:50pm

Updated: March 9, 2026 1:30pm

Several current and former members of Congress are suing to secure retroactive pay raises, drawing scorn from at least one fiscal conservative in the institution.

"Corrupt Washington politicians, including Democrat James E. Clyburn are suing for retroactive congressional pay raises that could cost taxpayers MILLIONS of dollars!!" Rep. Ralph Norman, R-S.C., who is running for S.C. governor, wrote on social media last week. "With $38 TRILLION in debt, Congress doesn’t deserve a raise! Enough is enough!"

The National Taxpayers Union Foundation wrote a piece elaborating on the details of the effort for retroactive pay hikes.

"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," according to the organization.

The NTUF said the plaintiffs are arguing 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."

The suit was filed in 2024. You can read the complaint here.

 

File

The NTUF said Clyburn and Hoyer signed on as new plaintiffs after they first published a piece about the case and its "potential burden on taxpayers."

An amendment, originally proposed by James Madison in 1789 and ratified in 1992, requires that any law varying congressional compensation cannot take effect until after an intervening election, the NTUF reported.

Congress has repeatedly voted to freeze congressional pay at $174,000 per year since January 2009. The pay freeze remains in effect for members of Congress

Norman has sponsored legislation that would eliminate future automatic pay adjustments for members of Congress.

“Congress is the only place in America where you can fail the people you represent and still expect a raise,” Norman said in a statement. “That’s not public service. That’s a broken system.

"We’ve traded citizen legislators for career politicians more focused on their own paychecks than the people back home," he added. "That’s why we need term limits. And if they think the salary isn’t enough, they’re welcome to go home and live under the rules and laws they’ve created.” 

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