New Orleans, La. – Former high-ranking national security officials, who have served in both Republican and Democratic administrations, filed a friend-of-the-court brief today in the State of Texas v. Pamela Bondi, et al. case before the U.S. Court of Appeals for the Fifth Circuit. The case is an appeal from a ruling by a Texas federal district court, which held that the Pregnant Workers Fairness Act (PWFA) was enacted in violation of the U.S. Constitution’s quorum clause.
The state of Texas challenged two provisions of the Consolidated Appropriations Act of 2023, including the PWFA, in federal district court in Texas. The district court held that the PWFA is unconstitutional because the U.S. House of Representatives lacked a physical quorum when the Appropriations Act was passed. During the Covid-19 pandemic, when the Appropriations Act was voted on, the House had adopted proxy voting as an alternative method to determine a quorum. In August 2025, a panel of the Fifth Circuit found that the quorum clause did not explicitly require physical presence for voting and reversed the district court. However, in January 2026, the Circuit granted rehearing en banc and the August 2025 panel opinion was vacated. The Fifth Circuit will hear the case en banc in May 2026.
Drawing on their significant national security and legislative experience, amici illustrate the many instances in which, if Texas’ interpretation of the quorum clause were adopted, the United States would be put in greater peril by halting Congress’ ability to act to address the national emergency the country was confronting.
The former senior national security officials filing this brief are former Secretary of Defense, William Cohen (1997-2001); former Deputy Secretaries of Defense, Rudy de Leon (2000-2001) and John Hamre (1985-1993); former Ranking Member of Congress and member of House Permanent Select Committee on Intelligence, Jane Harman (2022-2024); former Undersecretary of Defense for Policy, Eric Edelman (2005-2009); former Director of Central Intelligence Agency, Retired General Michael Hayden (2006-2009); former Chair of National Intelligence Council, Christopher Kojm (2009-2014); former Deputy Secretary of State, Brian McKeon (2021-2022); former Chairman of the Joint Chiefs of Staff, Retired Admiral Michael Mullen (2007-2011); former Deputy Assistant to the President for National Security Affairs Mara Rudman (1999-2001 and 2009); former Undersecretary for the Department of Homeland Security Suzanne Spaulding (2011-2017); and former Chief of Staff at the Department of Defense Bob Tyrer (1997-2001). The coalition is represented by Democracy Forward in this matter.
The brief states: “In the view of amici, such a construction would undermine the Nation’s security, impair Congress’s ability to perform its core constitutional functions in times of crisis, and conflict with longstanding historical practice confirming that the Constitution vests Congress with authority to set rules for its proceedings to ensure it remains able to conduct the Nation’s business even during times of crisis.”
In the brief, the coalition argues against Texas’ narrow and extreme interpretation of the U.S. Constitution’s Quorum Clause, and emphasizes that the founders purposefully provided Congress flexibility to conduct business pursuant to rules of its own – not through judicially imposed orders – such as the use of unanimous consent and pro forma sessions which have been in place for decades.
“The state of Texas is so intent on striking down protections for pregnant workers that it is risking the upending of the operations of an entire branch of government,” said Carrie Flaxman, Senior Legal Advisor at Democracy Forward. “Democracy Forward is honored to represent these national security leaders opposing a case that threatens to undermine Congress’s ability to function during national emergencies, from terrorist attacks to pandemics and natural disasters.”
The legal team at Democracy Forward includes Skye Perryman, Carrie Flaxman, and Kaitlyn Golden.
The friend-of-the-court brief is here.
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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
