Thursday, February 29, 2024

Judge Enjoins Pregnant Workers Fairness Act Finding it Violates Constitution's Quorum Clause

Pregnant Workers Fairness Act Blocked in Texas as Unconstitutional

A federal judge in Texas this week dealt a blow to a landmark piece of legislation protecting pregnant workers, ruling that there was no quorum in the U.S. House when the law passed, making it unenforceable.

The Pregnant Workers Fairness Act, which requires employers to make reasonable accommodations for pregnant workers, was part of a $1.7 trillion spending package that Congress passed in late 2022. U.S. Sen. Bob Casey (D-Pa.), first introduced the bill in 2012, and worked for more than a decade to get it passed.

“Texas: Won’t let you have an abortion but also won’t do anything to help you have a safe and healthy pregnancy,” Casey said in a statement to the Capital-Star on Wednesday. “This is Republican governance at its finest and downright insulting to women in Texas and beyond who want and need to continue working safely through pregnancy.”

Last February, Texas Attorney General Ken Paxton sued the Biden administration arguing that since members of Congress were allowed to vote by proxy for the spending package, there were not enough members physically present to form the quorum required in the Constitution. 

Then-Speaker of the House Nancy Pelosi regularly allowed House members to vote by proxy during the COVID-19 pandemic.

 

US Judge in Texas Rules Congressional Passage of 2022 Spending Bill Unconstitutional, Reuters

A federal judge in Texas on Tuesday ruled that a $1.7 trillion government funding bill was unconstitutionally passed in 2022 through a pandemic-era rule that allowed lawmakers in the U.S. House of Representatives to vote by proxy rather than in person.
 
U.S. District Judge James Wesley Hendrix in Lubbock reached that conclusion as he granted Republican Texas Attorney General Ken Paxton's request to block a provision of that bill that gave pregnant workers stronger legal protections.
 
The judge, an appointee of Republican former President Donald Trump, called the scope of his ruling "limited," and said it did not block all of the spending law. Texas had only sought to block two provisions ultimately.
 
Hendrix blocked one provision, the Pregnant Workers Fairness Act, from being enforced against the state after finding the bill was wrongly passed. That law requires employers to provide pregnant workers with reasonable accommodations.

https://lawprofessors.typepad.com/gender_law/2024/02/judge-enjoins-pregnant-workers-fairness-act-finding-it-violates-constitutions-quorum-clause.html

Constitutional, Family, Legislation, Pregnancy | Permalink

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