- with Inhouse Counsel
Late yesterday, the 5th Circuit Court of Appeals vacated the split panel opinion from August allowing enforcement of the Pregnant Workers Fairness Act (PWFA) against the state of Texas. The issue is whether the U.S. Constitution required House lawmakers' physical presence to have a quorum when the PWFA was approved as part of the Consolidated Appropriations Act in December 2022.
Texas filed suit against the federal government shortly after President Biden signed the Consolidated Appropriations Act in December 2022, claiming the PWFA could not be enforced against it because Congress violated the U.S. Constitution when it passed the bill relying on the COVID-19-pandemic-era rule permitting non-present members of Congress to be included in the quorum count and vote by proxy.
On Aug. 15, 2025, a divided panel of the 5th Circuit Court of Appeals held that the PWFA was constitutionally enacted because the Quorum Clause did not require members of Congress to be physically present when they enacted the Consolidated Appropriations Act of 2023, which included the PWFA. The 5th Circuit's August decision reversed the Northern District of Texas' Feb. 27, 2024 decision permanently enjoining the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) from enforcing the PWFA against the State of Texas and its agencies.
The scope of the district court's injunction is narrow. The EEOC and other federal agencies are enjoined only from enforcing the PWFA against the State of Texas. The injunction does not extend to any private employers or other governmental employers.
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