Texas Wants Another Chance To Convince 5th Circuit That The PWFA Was Enacted In A Way That Violates The Constitution

The State of Texas asked the 5^th Circuit Court of Appeals earlier this week to reconsider its case challenging the validity of the entire Pregnant Workers Fairness Act (PWFA). 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 5^th 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 5^th Circuit's 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.

Today, the 5^th Circuit stayed further proceedings in this case pending the restoration of appropriations to the Department of Justice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.