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 is now before the Fifth Circuit.
On Friday, August 16, 2024, a diverse array of 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.
The following is a statement from Elizabeth Gedmark, Vice President of A Better Balance:
“If the Fifth Circuit affirms the lower court’s ruling, it would imperil not only workers’ rights under the Pregnant Workers Fairness Act to maintain healthy pregnancies, but also a wide array of critical legislation, including laws protecting veterans, supporting 9/11 families, protecting our national security interests, and keeping our economy strong. Upholding the lower court’s ruling would set a dangerous precedent, undermining Congress’s ability to serve its constituents.
It is truly remarkable to see this diverse array of stakeholders express their opposition to this lawsuit and urge the Fifth Circuit to overturn the lower court’s decision. The Fifth Circuit should listen to this unique chorus of expert voices—including a maternal and infant health group, veterans’ services organization, legal historians and legislation scholars, national security experts, and high-ranking members of Congress from both parties.
The passage of the Pregnant Workers Fairness Act was well within Congress’s constitutional authority. We must protect the health and livelihoods of pregnant workers as well as veterans and other groups relying on the provisions in the FY 2023 omnibus package, and, importantly, we must preserve the integrity of our democracy.”
