In February 2024, a federal court in Texas held that the Pregnant Workers Fairness Act (PWFA) was unconstitutionally enacted and blocked its enforcement as applied to Texas state government employees. The court intruded on Congress’s authority to set its own rules, holding that Congress’s use of proxy voting to pass the 2023 Consolidated Appropriations Act violated the U.S. Constitution’s Quorum Clause. The Department of Justice appealed this ruling, and the case, Texas v. Garland, is now before the Fifth Circuit.
On Friday, August 16, 2024, the following stakeholders filed amicus briefs urging the Fifth Circuit to reverse the district court’s decision. Some of these briefs speak to the critical need for the PWFA, or to the importance of other legislation enacted as part of the Consolidated Appropriations Act. Others explain that the Constitution provides Congress with the power to set its own rules, including the rules authorizing the means by which House members vote, and provide historical examples illustrating Congress’s proper exercise of this authority. Finally, many of the briefs outline potentially dire implications for our national security and legislative functioning if the district court’s decision stands.
A Better Balance and March of Dimes:
March of Dimes and A Better Balance filed an amicus brief, authored by A Better Balance, highlighting the unlikely coalition of bipartisan lawmakers and maternal-infant health, labor, business, and faith organizations that championed the PWFA — and the potentially-deadly health consequences of regressing to a pre-PWFA world. “In passing the PWFA, Congress overwhelmingly chose to stand with American families and their ability to welcome their children into a safe, financially secure home,” their brief explained. “This Court should do the same.”
Former National Security Officials:
A coalition of former national security officials including former Secretaries of Homeland Security Michael Chertoff and Tom Ridge, former Secretaries of Defense Willliam Cohen and Chuck Hagel, former CIA and NSA head General Michael Hayden, and former chairman of the Joint Chiefs of Staff Admiral Michael Mullen, submitted an amicus brief addressing the national security implications of the District Court’s ruling. As detailed in the brief, a national security crisis could disrupt our government’s ability to carry out its essential functions. Amici explain why it is imperative that Congress be free to act when faced with such a crisis regardless of whether its Members are able to physically convene in a single location.
Ranking Members Nadler, DeLauro, McGovern, and Morelle:
Four members of the House of Representatives, Ranking Members Nadler (Judiciary Committee), DeLauro (Appropriations Committee), McGovern (Rules Committee), and Morelle (House Administration Committee), submitted a non-partisan amicus brief explaining that Congress passed the Consolidated Appropriations Act, 2023 with a quorum as required by the Constitution and that the district court’s decision undermines Congress’s ability to shape its own rules, jeopardizes national security interests, and disenfranchises millions of constituents. Their brief states, “[T]he very purpose underlying the Quorum Clause — i.e., to prevent a minority of congressional members from dictating legislative matters — would be undermined by a ruling that effectively negates a law that was properly passed by a majority of actively participating members.” The law firm of Cahill Gordon & Reindel LLP authored the members’ brief.
Senate Minority Leader McConnell:
Senate Minority Leader Mitch McConnell submitted a brief arguing that, whatever the merits of proxy voting, courts may not intrude on Congress’s constitutional authority to set its own rules. “The core question in this case is whether the courts can review the internal affairs of Congress, when such affairs are textually committed to each house by the Constitution. They cannot.” In addition, Sen. McConnell warned that the district court decision threatens Congress’s ability to conduct business on a day-to-day basis, jeopardizes Congress’s ability to act in moments of national emergency, and imperils key legislation enacted in the Consolidated Appropriations Act. William Barr, former U.S. Attorney General, authored Sen. McConnell’s brief.
Iraq and Afghanistan Veterans of America (IAVA):
The Iraq and Afghanistan Veterans of America (IAVA) wrote to explain that allowing the district court’s ruling to stand would imperil lifesaving veterans’ legislation passed as part of the challenged Consolidated Appropriations Act. “[V]eterans who have risked their lives for this country will lose out on critical educational benefits,” “endure financially devastating debt collections,” or “be unable to access the mental healthcare and suicide prevention services they need and deserve,” IAVA’s brief explained. The law firm of Steptoe LLP authored IAVA’s brief.
Legal Scholars and Constitutional Law Experts:
Legal historians, legislation scholars, and Constitution experts — who have written extensively on the Constitution’s original meaning and its interpretation, with special focus on congressional powers — filed a brief presenting the overwhelming historical evidence that the proxy voting rule Congress used to pass the Consolidated Appropriations Act was constitutional. “As much today as in 1789, debates over legislative procedure belong in Congress — not in court,” they wrote. The law firm Hogan Lovells LLP authored the scholars’ brief.
Texas Employment Lawyers Association:
The Texas Employment Lawyers Association submitted a brief, authored by attorney members of the association, explaining the legal landscape in Texas prior to passage of the PWFA and the dearth of legal protections for pregnant workers in the state. It describes the PWFA’s important protections for Texans and shares the experiences of many workers from the state. “The import of these new rights cannot be overstated — they provide critical protection to pregnant workers and new parents in Texas that allow them to remain employed in supportive workplaces while growing their families.”
