TPM's Brian Beutler reports that two dozen House Democrats have written a letter to House Speaker John Boehner urging him to schedule a clean vote on legislation to stop congressional pay in the event of a federal shutdown.
The Senate has already passed a bill that would do just that, but Boehner has yet to bring it up for a vote in the House. Moreover, as Beutler points out, such a bill might not be constitutional, thanks to the 27th Amendment which forbids Congress from changing its pay in between elections.
That being the case, it's hard to imagine a representative or senator suing Congress over such legislation, and if Boehner does schedule it for a vote, it's sure to pass overwhelmingly.
Aside from the political optics, scheduling the bill for a vote would be a smart move by Boehner, assuming that (as appears to be the case) he wants to get a funding deal done. Having the threat of a paycheck stoppage at his disposal would give him another tool to rein in his tea party caucus, because even tea partiers need their government paychecks. Just ask Sean Duffy.