Texas Gov. Greg Abbott sues to remove House Democratic leader amid redistricting battle

USA Today

16 hours ago

In an escalation in the Texas redistricting battle, Republican Gov. Greg Abbott filed an emergency petition Aug. 5 seeking to remove the Democratic House leader from office after lawmakers fled en masse to block efforts to redraw the state's congressional districts.
More than 50 Democratic lawmakers left the Lone Star State on Aug. 3 to deny Republicans the quorum needed to vote on the redistricting plan sought by President Donald Trump. By redrawing the state's 38 congressional districts, the Republican Party hopes to flip five U.S. congressional seats currently held by Democrats in next year's midterm elections.
Abbott filed the lawsuit with the Texas Supreme Court to have state Rep. Gene Wu removed from office, arguing that Wu and other House Democrats who fled the state "constitute abandonment of their office, justifying their removal."
The governor further alleged that Wu and the Democrats "appear to have solicited and received certain benefits in exchange for skipping a vote, further supporting their removal from office and allegations of bribery." Abbott has ordered the Texas Rangers to investigate whether the Democrats violated bribery laws.
"Representative Wu and the other Texas House Democrats have shown a willful refusal to return, and their absence for an indefinite period of time deprives the House of the quorum needed to meet and conduct business on behalf of Texans," Abbott said in a statement. "Texas House Democrats abandoned their duty to Texans, and there must be consequences."
In response to the lawsuit, Texas House Democrats said the governor "used the law as a weapon to silence his people."
"We took an oath to the constitution, not to a politician's agenda," the Texas House Democrats said in a statement on social media.
Texas Hold 'em: Gov. Abbott threatens legal action for absent Dems
Texas Gov. Greg Abbott orders arrest of lawmakers who fled state
The lawsuit comes after Abbott threatened to arrest Democratic lawmakers, most of whom have gone to Illinois, New York, or Massachusetts. His order was designed to force the absconding legislators to comply with civil arrest warrants that state Republican lawmakers voted to issue during a statehouse session in Austin on Aug. 4.
"To ensure compliance, I ordered the Texas Department of Public Safety to locate, arrest, and return to the House chamber any member who has abandoned their duty to Texans," Abbott said in a statement.
But the arrest warrants only apply within the state, and breaking quorum is not a crime that would allow Texas authorities to pursue extradition from other states. Earlier on Aug. 5, Trump said the FBI "may have to" help arrest the lawmakers and return them to their home state.
"A lot of people are demanding they come back. You can't just sit it out. You have to go back," Trump said at a press event.
What to know. Texas GOP eyes redistricting, Dems poised to hit back.
Abbott cites opinion by Texas Attorney General
Abbott has previously argued that lawmakers can be legally removed for deliberately leaving and breaking quorum, which he says amounts to an abandonment or forfeiture of an elected state office.
On Aug. 3, the governor cited a 2021 non-binding opinion from Texas Attorney General Ken Paxton that said the "district court may determine that a legislator has forfeited his or her office due to abandonment and can remove the legislator from office, thereby creating a vacancy."
Paxton told Fox News on Aug. 4 that he expected the Texas Supreme Court to ultimately weigh in on any abandonment cases he files, noting that "they're obviously a Republican court."
The absent Democrats are already facing consequences with a $500-per-day fine for being out of state. The penalty was established after state Democrats fled in 2021 to protest over new voting restrictions, halting operations for 38 days.
Contributing: Aysha Bagchi and Savannah Kuchar, USA TODAY; Reuters