AUSTIN,TEXAS – A legal battle is escalating in Texas over the ongoing quorum break by Democratic state representatives who fled the state to block a vote on restrictive voting legislation. Governor Greg Abbott filed a lawsuit seeking to compel the return of absent lawmakers, including State Representative Gene Wu of Houston, but the case is facing challenges from multiple sides, including within his own party.
Abbott’s lawsuit alleges that the Democrats’ absence constitutes an abandonment of thier official duties. His filing reportedly characterized the effort to oppose the voting bill as a supposed attempt to “save democracy” that woudl ultimately install him as “Supreme Leader.”
The legal maneuvering has drawn a flurry of amicus briefs.Senator John Cornyn (R-Texas), currently running for re-election, filed a brief with the Texas Supreme Court that largely targeted his primary opponent, Attorney General Ken Paxton, rather than the absent Democrats. Paxton is facing a federal indictment and a primary challenge from Land Commissioner George P. Bush.
Constituents of Representative Wu also filed a brief, arguing that Wu’s absence represents a “dereliction of duty” and leaves their district, encompassing parts of southwest Houston and Alief, without representation.
Republican State Representatives Mitch Little of Grandview and Briscoe Cain of Deer Park urged the court to prevent the Democrats from halting legislative proceedings. They argue the quorum break is an unlawful obstruction of the state’s governing process.
Countering these arguments, Democratic State representatives Joe Moody of El Paso and Mary Gonzalez of Clint filed a brief asserting that the Republican response to the quorum break, rather than the Democrats’ actions, is approaching a constitutional crisis.They contend that any attempt to remove Democrats from office for lawfully resisting the majority would represent “naked authoritarianism.”
Harris County Attorney Christian Menefee, authorized to bring quo warranto proceedings under Texas law, filed an amicus brief arguing that Governor Abbott lacks the legal authority to pursue this type of lawsuit. Menefee’s brief states that Abbott’s action is a “political stunt” and “lawfare” that wastes judicial resources, and that there is no legal basis to claim Representative Wu abandoned his office. The lawsuit was filed directly with the texas Supreme Court, bypassing lower courts.
The dispute centers on Senate Bill 1 (SB 1), a sweeping voting bill that would impose new restrictions on voting access in Texas. Democrats argue the bill would disproportionately impact voters of color, peopel with disabilities, and those living in urban areas.The special legislative session was called by Abbott after Democrats initially blocked the bill during the regular session by walking out of the House chamber.
The Texas Constitution requires two-thirds of the House to be present for a quorum, meaning at least 95 of the 150 representatives must be present to conduct business. Currently, over 80 Democrats remain in Washington, D.C., and other locations outside of Texas to maintain the quorum break. The legal outcome of Abbott’s lawsuit could considerably impact the future of voting rights legislation in Texas and set a precedent for how lawmakers can respond to legislative opposition.
