Jury Duty Exemption for Breastfeeding Act of 2026
- Sponsor
- Del. Norton, Eleanor Holmes [D-DC-At Large]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- Mar 16, 2026
Bottom line
The bill establishes a statutory exemption from jury duty for breastfeeding individuals in federal and District of Columbia courts, aiming to alleviate burdens on new parents.
What it actually does
This bill amends federal law (Title 28, United States Code) and the District of Columbia Official Code to create a specific exemption from jury service for individuals who are breastfeeding. Upon request, a breastfeeding individual summoned for jury duty in either federal or D.C. courts would be excused.
Proponents argue
Supporters argue that requiring breastfeeding individuals to serve on a jury presents significant logistical and health challenges, including maintaining feeding schedules, needing private spaces for pumping or nursing, and managing milk storage. This exemption recognizes these demands, supports maternal and infant health, and ensures that civic duty does not disproportionately burden new parents.
Opponents contend
Opponents might contend that existing hardship provisions in jury selection processes are already sufficient to accommodate breastfeeding individuals, making a specific statutory exemption unnecessary. They may also express concern that expanding specific exemptions could incrementally narrow the pool of potential jurors, potentially impacting the representativeness of juries.
The bill text is exceptionally short and clearly written, allowing for a very quick and straightforward evaluation of its provisions.
Section 2(a)
Jury Duty Exemption for Breastfeeding Individuals in Federal Courts
This provision amends Section 1866 of Title 28, United States Code, which governs the selection and service of jurors in federal courts. It adds a new subsection (h) that mandates an individual summoned for federal jury service who is breastfeeding shall be excused by the court, or by the clerk under court supervision, upon their request. This makes the exemption a right rather than a discretionary hardship excusal.
Supporters argue
Supporters argue this provision provides essential relief for breastfeeding parents, acknowledging the unique logistical and health challenges involved in maintaining a feeding schedule while serving on a jury. It helps to ensure that civic participation does not come at the expense of maternal and infant well-being, potentially encouraging continued breastfeeding.
Critics contend
Critics might argue that existing federal jury selection rules, which allow for excusal due to 'extreme inconvenience or undue hardship,' are already sufficient to address the needs of breastfeeding individuals. They may contend that creating a specific exemption is unnecessary and could set a precedent for other narrowly defined exemptions, potentially complicating jury administration.
Tradeoffs
This provision balances the civic duty of jury service with the practical and health-related needs of breastfeeding individuals. It aims to reduce burden on new parents but could lead to a minor reduction in the overall jury pool, though the impact on jury diversity is likely negligible.
Section 2(b)
Jury Duty Exemption for Breastfeeding Individuals in District of Columbia Courts
This provision amends Section 11-1908(b) of the District of Columbia Official Code, which outlines the conditions for exclusion from jury service in D.C. courts. It adds a new clause (5) to permit individuals to be excluded by the Court upon request if they are breastfeeding. This mirrors the federal exemption, applying the same principle to the local court system of the District of Columbia.