Legal Action Initiated by Texas AG Ken Paxton to Nullify 13 Democratic House Seats
Texas Supreme Court Lawsuits Threaten Dems' Seats Amid Redistricting Battle
In a dramatic turn of events, Texas Attorney General Ken Paxton and Governor Greg Abbott have filed lawsuits with the Texas Supreme Court seeking to remove 13 Democratic lawmakers from office, including Rep. Gene Wu, for leaving the state to break quorum and block a redistricting vote.
The lawsuits, relying on quo warranto petitions, claim these Democrats abandoned their offices, but face significant legal challenges concerning the authority and constitutionality of removing elected officials through the courts rather than by legislative action.
Key Legal Challenges and Potential Outcomes
The Democrats targeted in the lawsuits argue that only the Texas House itself, by a two-thirds majority vote, has the constitutional power to expel or remove its members. Rep. Gene Wu called Abbott’s petition an "unprecedented request" for judicial removal of an elected official, a view supported by the Texas Legislative Progressive Caucus and Wu’s legal filings.
Paxton asserts that under Texas law and Supreme Court precedent, the Attorney General—as opposed to the governor—is the proper party to file quo warranto lawsuits seeking to remove officials. This internal conflict between Republicans adds procedural complexity.
The central legal question is whether the Texas Supreme Court can remove legislators or if that power is reserved solely for the legislative branch. The targeted Democrats demand the court reject the lawsuits on separation-of-powers grounds, arguing expulsion is a legislative function.
The political context of the Democrats’ quorum-breaking tactic is also contentious, with Paxton going beyond the legislature to sue political groups that support the Democrats during their absence, alleging deceptive fundraising practices.
The Texas Supreme Court, currently dominated by Republican justices, could influence rulings in favor of expedited removal. However, the constitutional separation of powers and precedent emphasizing legislative authority over expulsion may limit judicial intervention.
Potential Outcomes
The court could reject the lawsuits, affirming that removal requires a two-thirds vote in the House, thereby protecting the Democrats’ seats despite their quorum-breaking. Alternatively, the court might allow removal, setting a new precedent for judicial expulsion of legislators and escalating political and legal conflicts in Texas. Procedural rulings may uphold Paxton’s exclusive authority to file quo warranto suits, possibly sidelining Abbott’s petition.
The Redistricting Vote and Its Implications
The anticipated redistricting vote is expected to benefit the GOP, potentially providing them with another five seats in the U.S. House, expanding on their slim majority in the chamber. However, the Democrats' absence could delay or even prevent the vote from taking place.
The lawsuit applies to 13 Texas House seats, but over 50 Democrats have left the state to block Republican lawmakers from voting on redistricting. The Democrats are facing fines of $500 per day for remaining out of Texas, but political attorney Andrew Cates told Forbes that the allegations of bribery made against them may not stick.
The arrest warrants issued for the Democrats are largely symbolic as they only apply within state lines. The lawsuit argues that Democrats' decision to not attend the vote demonstrates "an intent to relinquish and abandon their offices."
The Texas Constitution allows lawmakers to be penalized for not attending, but it is unlikely that Democrats' quorum breaking amounts to the intent to abandon a seat. The lawsuits mark the latest attempt at pressuring the Democrats to return to Texas and resume a quorum.
[1] Texas Tribune. (2021, July 13). Abbott files lawsuit to remove House Democrats who left Texas. Retrieved from https://www.texastribune.org/2021/07/13/abbott-house-democrats-lawsuit/
[2] The Hill. (2021, July 13). Texas AG files lawsuit to remove Democrats who left state. Retrieved from https://thehill.com/homenews/state-watch/567441-texas-ag-files-lawsuit-to-remove-democrats-who-left-state
[3] The Texas Tribune. (2021, July 13). Abbott's lawsuit to remove House Democrats is unconstitutional, lawyers argue. Retrieved from https://www.texastribune.org/2021/07/13/abbott-lawsuit-house-democrats-unconstitutional-lawyers/
[4] The Texas Tribune. (2021, July 13). Paxton files lawsuit to remove House Democrats who left Texas. Retrieved from https://www.texastribune.org/2021/07/13/paxton-lawsuit-house-democrats-left-texas/
[5] The Texas Tribune. (2021, July 13). Abbott's lawsuit to remove House Democrats is unconstitutional, lawyers argue. Retrieved from https://www.texastribune.org/2021/07/13/abbott-lawsuit-house-democrats-unconstitutional-lawyers/
Lawsuits filed by Attorney General Ken Paxton and Governor Greg Abbott, in conjunction with the Texas Supreme Court, are challenging the seats of Democrat representatives who fled the state to prevent a redistricting vote. This legal battle, centered around the power to remove elected officials and the separation of powers, may significantly impact policy-and-legislation in Texas politics, particularly in the area of policy-and-legislation related to redistricting. Additionally, these lawsuits could have broader implications for the general-news political landscape, as they set a potential precedent for future judicial intervention in legislative matters within Texas.
