Texas Supreme Court Asked to Vacate Seats of 13 House Democrats
AUSTIN — The Texas Supreme Court should vacate the seats of 13 state House Democrats who left the state, Attorney General Ken Paxton argued in petitions filed Friday afternoon. Paxton’s filings, known as quo warranto petitions, come after the House failed to reach a quorum on Friday — the third time this week — as dozens of House Democrats fled the state to protest a congressional redistricting map desired by President Donald Trump.
Paxton is only asking the state high court to remove 13 House Democrats, which is less than the more than 50 who left the state Sunday. The move is part of an ongoing effort by Republican officials to bring the Democrats back to Texas and establish a quorum in the House.
Background of the Dispute
The dispute began when President Donald Trump proposed a congressional redistricting map that would favor Republican candidates. In response, dozens of House Democrats left the state to protest the map and prevent the House from reaching a quorum. Without a quorum, the House is unable to conduct any legislative business, such as referring bills to committees or passing bills out of the chamber.
Paxton’s petition is the first step in kicking any of the lawmakers out of office. If the Texas Supreme Court declares their seats vacant, it would authorize Gov. Greg Abbott to call a special election to replace the lawmakers. Abbott filed his own petition on Tuesday with the state Supreme Court, asking the justices to remove Rep. Gene Wu, D-Houston, from office. Wu is the House Democratic chair, and he is also named in Paxton’s suit.
Reaction from Democrats
The Democratic lawmakers targeted by Paxton have pushed back against the petition, arguing that it is unconstitutional. “These petitions are flat-out unconstitutional, which is why none have been tried in 150 years of Texas History,” said attorney Chad Dunn, who is representing Wu in Abbott’s lawsuit.
Among the Democratic lawmakers Paxton is targeting is Rep. James Talarico of Austin, who is considering a run for the U.S. Senate seat held by Sen. John Cornyn and could ultimately face Paxton in the general election next year. Paxton is also going after four North Texas representatives: Reps. Chris Turner of Grand Prairie, Ana-María Rodríguez Ramos, Mihaela Plesa, and Jessica González of Dallas were all named.
Legal Action Against Democrats
The petition is just the latest legal action GOP officials in Texas have taken this week in their attempt to bring enough Democrats back to Austin so a quorum can be established. The House Democrats out of state are already facing civil arrest warrants and daily fines as they miss quorum. While the civil arrest warrants are only enforceable within Texas state lines, Paxton filed a lawsuit on behalf of the Texas House on Thursday in Illinois, asking that law enforcement officers there be authorized to arrest the lawmakers.
So far, the legal threats have not dissuaded any House Democrats or resulted in any breaking with their party and returning to Texas. Responding on social media, Turner said in a statement he is not afraid of the legal threats he is facing. He also took a shot at Paxton. “Ken Paxton is a terrible attorney general, but he is somewhat good at sending campaign press releases masquerading as court filings,” Turner said.
Democrats’ Response
Plesa said the lawmakers are fighting for working-class Americans and have not vacated their seats. “We have not vacated our seats,” Plesa said at a news conference Friday afternoon in a Chicago suburb. “We are more active than ever in our response to Gov. Abbott, Ken Paxton, and John Cornyn.” Paxton argues that the Democratic members who left the state have abandoned their offices.
“When members of the Legislature disregard arrest warrants, refuse to perform their duties, and announce that they intend to prevent the Legislature from exercising its constitutional responsibilities, they have, through words and conduct, demonstrated an intent to relinquish and abandon their offices,” the petition said.
Conclusion
The dispute between the Texas House Democrats and Republican officials is ongoing, with no clear resolution in sight. The Texas Supreme Court will ultimately decide whether to vacate the seats of the 13 House Democrats targeted by Paxton. If the court rules in favor of Paxton, it could have significant implications for the balance of power in the Texas House and the ability of Democrats to influence legislation.
FAQs
Q: What is the dispute between the Texas House Democrats and Republican officials about?
A: The dispute is about a congressional redistricting map proposed by President Donald Trump that would favor Republican candidates. Dozens of House Democrats left the state to protest the map and prevent the House from reaching a quorum.
Q: What is Paxton’s petition asking the Texas Supreme Court to do?
A: Paxton’s petition is asking the Texas Supreme Court to vacate the seats of 13 House Democrats who left the state. If the court rules in favor of Paxton, it would authorize Gov. Greg Abbott to call a special election to replace the lawmakers.
Q: What are the implications of the dispute for the balance of power in the Texas House?
A: If the Texas Supreme Court rules in favor of Paxton, it could have significant implications for the balance of power in the Texas House and the ability of Democrats to influence legislation. It could also set a precedent for future disputes between lawmakers and the executive branch.
