Representatives Jerrold Nadler (NY-12), sponsor of the Pregnant Workers Fairness Act, Rosa DeLauro (CT-03), Ranking Member of the House Appropriations Committee, Jim McGovern (MA-02), Ranking Member of the House Rules Committee, Joe Morelle (NY-25), Ranking Member of the House Administration Committee, and Jamie Raskin (MD-08), Ranking Member of the House Judiciary Committee, on Friday reaffirmed their support for Congress’ constitutional authority in Texas v. Bondi, as the U.S. Court of Appeals for the Fifth Circuit prepares to rehear the case en banc.
In August 2025, a Fifth Circuit panel reversed a ruling by the Northern District of Texas that had blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas. In January 2026, however, the Fifth Circuit granted rehearing en banc and vacated the panel’s opinion, placing the issue before the full court. The district court held that proxy voting procedures used by the House during the COVID-19 pandemic were unconstitutional.
“If upheld, this case would deal a devastating blow to Congress’s constitutional authority to determine its own rules and proceedings, authority that is fundamental to the separation of powers,” said Representative Nadler, the lead sponsor of the PWFA. “The Constitution explicitly grants Congress the power to govern itself. Allowing the courts to override that authority would upend more than a century of legal precedent and weaken Congress as a co-equal branch of government. I am proud to join my colleagues in filing this amicus brief to defend Congress’s institutional prerogatives and protect the constitutional balance that safeguards our democracy.”
The Members previously filed an amicus brief urging the Court to reverse the district court’s decision, which would undermine Congress’ authority to set its own rules. The Members explained that the House clearly had an established quorum when passing H.R. 2617, the Consolidated Appropriations Act, 2023, which included the PWFA, and that courts must respect the will of the majority in passing this legislation. Not allowing Congress to shape its own rules could potentially jeopardize national security in an emergency, while also undermining core separation-of-powers principles and disenfranchising millions of constituents.
Congress passed H. Res. 965 to authorize remote voting by proxy during the coronavirus pandemic to allow the continuity of government while protecting public health. Democrats and Republicans both voted by proxy under these rules. Under the Congressional Proceedings and the Rulemaking Clause of the Constitution, the House of Representatives is authorized to establish rules by which each will conduct its own business. Additionally, the Constitution’s Quorum Clause does not explicitly mention a physical presence in the Chamber to establish a quorum.
In the Amicus Brief, the Members write:
Allowing the court to now second-guess, or after-the-fact void, the House’s exercise of its rulemaking authority threatens to disenfranchise all congressional members, and in turn their constituents, who voted in accordance with then-existing House Rules in voting in favor of the Consolidated Appropriations Act, 2023 (the “Act”). It would also curtail, if not eliminate entirely, Congress’s ability to set its own adaptive rules in times of national crisis or other emergency situations, which would hamper Congress’s ability to do business at all.
The full brief can be found here.
WASHINGTON, DC - Today, Representatives Jerrold Nadler (NY-12), sponsor of the Pregnant Workers Fairness Act, Rosa DeLauro (CT-03), Ranking Member of the House Appropriations Committee, Jim McGovern (MA-02), Ranking Member of the House Rules Committee, Joe Morelle (NY-25), Ranking Member of the House Administration Committee, and Jamie Raskin (MD-08), Ranking Member of the House Judiciary Committee, reaffirmed their support for Congress’ constitutional authority in Texas v. Bondi, as the U.S. Court of Appeals for the Fifth Circuit prepares to rehear the case en banc.
In August 2025, a Fifth Circuit panel reversed a ruling by the Northern District of Texas that had blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas. In January 2026, however, the Fifth Circuit granted rehearing en banc and vacated the panel’s opinion, placing the issue before the full court. The district court held that proxy voting procedures used by the House during the COVID-19 pandemic were unconstitutional.
“If upheld, this case would deal a devastating blow to Congress’s constitutional authority to determine its own rules and proceedings, authority that is fundamental to the separation of powers,” said Representative Nadler, the lead sponsor of the PWFA. “The Constitution explicitly grants Congress the power to govern itself. Allowing the courts to override that authority would upend more than a century of legal precedent and weaken Congress as a co-equal branch of government. I am proud to join my colleagues in filing this amicus brief to defend Congress’s institutional prerogatives and protect the constitutional balance that safeguards our democracy.”
The Members previously filed an amicus brief urging the Court to reverse the district court’s decision, which would undermine Congress’ authority to set its own rules. The Members explained that the House clearly had an established quorum when passing H.R. 2617, the Consolidated Appropriations Act, 2023, which included the PWFA, and that courts must respect the will of the majority in passing this legislation. Not allowing Congress to shape its own rules could potentially jeopardize national security in an emergency, while also undermining core separation-of-powers principles and disenfranchising millions of constituents.
Congress passed H. Res. 965 to authorize remote voting by proxy during the coronavirus pandemic to allow the continuity of government while protecting public health. Democrats and Republicans both voted by proxy under these rules. Under the Congressional Proceedings and the Rulemaking Clause of the Constitution, the House of Representatives is authorized to establish rules by which each will conduct its own business. Additionally, the Constitution’s Quorum Clause does not explicitly mention a physical presence in the Chamber to establish a quorum.
In the Amicus Brief, the Members write:
Allowing the court to now second-guess, or after-the-fact void, the House’s exercise
of its rulemaking authority threatens to disenfranchise all congressional members,
and in turn their constituents, who voted in accordance with then-existing House
Rules in voting in favor of the Consolidated Appropriations Act, 2023 (the “Act”).
It would also curtail, if not eliminate entirely, Congress’s ability to set its own
adaptive rules in times of national crisis or other emergency situations, which would
hamper Congress’s ability to do business at all.
The full brief can be found here.
###
WASHINGTON, DC - Today, Representatives Jerrold Nadler (NY-12), sponsor of the Pregnant Workers Fairness Act, Rosa DeLauro (CT-03), Ranking Member of the House Appropriations Committee, Jim McGovern (MA-02), Ranking Member of the House Rules Committee, Joe Morelle (NY-25), Ranking Member of the House Administration Committee, and Jamie Raskin (MD-08), Ranking Member of the House Judiciary Committee, reaffirmed their support for Congress’ constitutional authority in Texas v. Bondi, as the U.S. Court of Appeals for the Fifth Circuit prepares to rehear the case en banc.
In August 2025, a Fifth Circuit panel reversed a ruling by the Northern District of Texas that had blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas. In January 2026, however, the Fifth Circuit granted rehearing en banc and vacated the panel’s opinion, placing the issue before the full court. The district court held that proxy voting procedures used by the House during the COVID-19 pandemic were unconstitutional.
“If upheld, this case would deal a devastating blow to Congress’s constitutional authority to determine its own rules and proceedings, authority that is fundamental to the separation of powers,” said Representative Nadler, the lead sponsor of the PWFA. “The Constitution explicitly grants Congress the power to govern itself. Allowing the courts to override that authority would upend more than a century of legal precedent and weaken Congress as a co-equal branch of government. I am proud to join my colleagues in filing this amicus brief to defend Congress’s institutional prerogatives and protect the constitutional balance that safeguards our democracy.”
The Members previously filed an amicus brief urging the Court to reverse the district court’s decision, which would undermine Congress’ authority to set its own rules. The Members explained that the House clearly had an established quorum when passing H.R. 2617, the Consolidated Appropriations Act, 2023, which included the PWFA, and that courts must respect the will of the majority in passing this legislation. Not allowing Congress to shape its own rules could potentially jeopardize national security in an emergency, while also undermining core separation-of-powers principles and disenfranchising millions of constituents.
Congress passed H. Res. 965 to authorize remote voting by proxy during the coronavirus pandemic to allow the continuity of government while protecting public health. Democrats and Republicans both voted by proxy under these rules. Under the Congressional Proceedings and the Rulemaking Clause of the Constitution, the House of Representatives is authorized to establish rules by which each will conduct its own business. Additionally, the Constitution’s Quorum Clause does not explicitly mention a physical presence in the Chamber to establish a quorum.
In the Amicus Brief, the Members write:
Allowing the court to now second-guess, or after-the-fact void, the House’s exercise
of its rulemaking authority threatens to disenfranchise all congressional members,
and in turn their constituents, who voted in accordance with then-existing House
Rules in voting in favor of the Consolidated Appropriations Act, 2023 (the “Act”).
It would also curtail, if not eliminate entirely, Congress’s ability to set its own
adaptive rules in times of national crisis or other emergency situations, which would
hamper Congress’s ability to do business at all.
The full brief can be found here.
###
WASHINGTON, DC - Today, Representatives Jerrold Nadler (NY-12), sponsor of the Pregnant Workers Fairness Act, Rosa DeLauro (CT-03), Ranking Member of the House Appropriations Committee, Jim McGovern (MA-02), Ranking Member of the House Rules Committee, Joe Morelle (NY-25), Ranking Member of the House Administration Committee, and Jamie Raskin (MD-08), Ranking Member of the House Judiciary Committee, reaffirmed their support for Congress’ constitutional authority in Texas v. Bondi, as the U.S. Court of Appeals for the Fifth Circuit prepares to rehear the case en banc.
In August 2025, a Fifth Circuit panel reversed a ruling by the Northern District of Texas that had blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas. In January 2026, however, the Fifth Circuit granted rehearing en banc and vacated the panel’s opinion, placing the issue before the full court. The district court held that proxy voting procedures used by the House during the COVID-19 pandemic were unconstitutional.
“If upheld, this case would deal a devastating blow to Congress’s constitutional authority to determine its own rules and proceedings, authority that is fundamental to the separation of powers,” said Representative Nadler, the lead sponsor of the PWFA. “The Constitution explicitly grants Congress the power to govern itself. Allowing the courts to override that authority would upend more than a century of legal precedent and weaken Congress as a co-equal branch of government. I am proud to join my colleagues in filing this amicus brief to defend Congress’s institutional prerogatives and protect the constitutional balance that safeguards our democracy.”
The Members previously filed an amicus brief urging the Court to reverse the district court’s decision, which would undermine Congress’ authority to set its own rules. The Members explained that the House clearly had an established quorum when passing H.R. 2617, the Consolidated Appropriations Act, 2023, which included the PWFA, and that courts must respect the will of the majority in passing this legislation. Not allowing Congress to shape its own rules could potentially jeopardize national security in an emergency, while also undermining core separation-of-powers principles and disenfranchising millions of constituents.
Congress passed H. Res. 965 to authorize remote voting by proxy during the coronavirus pandemic to allow the continuity of government while protecting public health. Democrats and Republicans both voted by proxy under these rules. Under the Congressional Proceedings and the Rulemaking Clause of the Constitution, the House of Representatives is authorized to establish rules by which each will conduct its own business. Additionally, the Constitution’s Quorum Clause does not explicitly mention a physical presence in the Chamber to establish a quorum.
In the Amicus Brief, the Members write:
Allowing the court to now second-guess, or after-the-fact void, the House’s exercise
of its rulemaking authority threatens to disenfranchise all congressional members,
and in turn their constituents, who voted in accordance with then-existing House
Rules in voting in favor of the Consolidated Appropriations Act, 2023 (the “Act”).
It would also curtail, if not eliminate entirely, Congress’s ability to set its own
adaptive rules in times of national crisis or other emergency situations, which would
hamper Congress’s ability to do business at all.
The full brief can be found here.
###
WASHINGTON, DC - Today, Representatives Jerrold Nadler (NY-12), sponsor of the Pregnant Workers Fairness Act, Rosa DeLauro (CT-03), Ranking Member of the House Appropriations Committee, Jim McGovern (MA-02), Ranking Member of the House Rules Committee, Joe Morelle (NY-25), Ranking Member of the House Administration Committee, and Jamie Raskin (MD-08), Ranking Member of the House Judiciary Committee, reaffirmed their support for Congress’ constitutional authority in Texas v. Bondi, as the U.S. Court of Appeals for the Fifth Circuit prepares to rehear the case en banc.
In August 2025, a Fifth Circuit panel reversed a ruling by the Northern District of Texas that had blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas. In January 2026, however, the Fifth Circuit granted rehearing en banc and vacated the panel’s opinion, placing the issue before the full court. The district court held that proxy voting procedures used by the House during the COVID-19 pandemic were unconstitutional.
“If upheld, this case would deal a devastating blow to Congress’s constitutional authority to determine its own rules and proceedings, authority that is fundamental to the separation of powers,” said Representative Nadler, the lead sponsor of the PWFA. “The Constitution explicitly grants Congress the power to govern itself. Allowing the courts to override that authority would upend more than a century of legal precedent and weaken Congress as a co-equal branch of government. I am proud to join my colleagues in filing this amicus brief to defend Congress’s institutional prerogatives and protect the constitutional balance that safeguards our democracy.”
The Members previously filed an amicus brief urging the Court to reverse the district court’s decision, which would undermine Congress’ authority to set its own rules. The Members explained that the House clearly had an established quorum when passing H.R. 2617, the Consolidated Appropriations Act, 2023, which included the PWFA, and that courts must respect the will of the majority in passing this legislation. Not allowing Congress to shape its own rules could potentially jeopardize national security in an emergency, while also undermining core separation-of-powers principles and disenfranchising millions of constituents.
Congress passed H. Res. 965 to authorize remote voting by proxy during the coronavirus pandemic to allow the continuity of government while protecting public health. Democrats and Republicans both voted by proxy under these rules. Under the Congressional Proceedings and the Rulemaking Clause of the Constitution, the House of Representatives is authorized to establish rules by which each will conduct its own business. Additionally, the Constitution’s Quorum Clause does not explicitly mention a physical presence in the Chamber to establish a quorum.
In the Amicus Brief, the Members write:
Allowing the court to now second-guess, or after-the-fact void, the House’s exercise
of its rulemaking authority threatens to disenfranchise all congressional members,
and in turn their constituents, who voted in accordance with then-existing House
Rules in voting in favor of the Consolidated Appropriations Act, 2023 (the “Act”).
It would also curtail, if not eliminate entirely, Congress’s ability to set its own
adaptive rules in times of national crisis or other emergency situations, which would
hamper Congress’s ability to do business at all.
The full brief can be found here.
###