Texas Governor Abbott aims to oust House Democratic Leader, Rep. Gene Wu, due to his role in the quorum break.
In an unprecedented move, Governor Greg Abbott of Texas has filed a petition with the Texas Supreme Court, seeking to remove House Democratic Leader Rep. Gene Wu from office. The legal action, known as a quo warranto proceeding, alleges that Rep. Wu has forfeited his office by deliberately abandoning it during a coordinated quorum break to prevent legislative action [1][2][3].
The petition claims that Rep. Wu's indefinite absence, which has resulted in the House lacking the quorum required to conduct business, amounts to abandonment of his legislative duties. This, according to the Governor, constitutes forfeiture of office, allowing him to fill the vacancy [1][3].
The legal basis for this request rests on several key points. Firstly, it challenges whether Rep. Wu is improperly holding office and seeks his removal on grounds of abandonment. This is an extraordinary remedy historically used to remove officials who unlawfully hold office [1][3].
Secondly, the petition argues that Rep. Wu's actions violate the Texas Constitution's requirement that legislators "shall meet," and additionally alleges potential bribery violations for accepting funds to continue absenting himself, which could constitute a criminal offense under Texas law [3].
However, the legal validity of this request is questioned by many legal experts. They argue that the Texas Constitution allows quorum breaks and that abandonment of office requires more explicit intent and failure to perform duties beyond leaving the state temporarily [1][2].
Moreover, Rep. Wu and others argue that only the Texas House itself, through a two-thirds majority vote, has the authority to expel a member. They assert that the judiciary lacks power to remove an elected representative by this means [4].
The case remains unresolved, with courts weighing the unusual legal theory linking a quorum break to abandonment of office [1][4]. The filing alleges that Beto O'Rourke's political action committee partly paid for a private jet flight for Rep. Gene Wu and other House Democrats [5].
Rep. Wu has been one of the most vocal supporters of the walkout and has publicly called the redistricting process "corrupt." He has stated that he's not backing down from his efforts to serve his constituents and fight for what's right [6].
The governor's petition suggests that the Legislature's inability to function is causing delays in passing legislation related to flood relief and THC regulation. For now, the House is unable to debate or vote on legislation without a quorum, effectively stalling every bill filed during the session [7]. The governor is urging the court to act before Thursday, arguing that the Legislature's ability to pass legislation depends on the quorum being restored [8].
This development marks a significant escalation in the standoff between Governor Abbott and the House Democrats, with the stakes being high as the Legislature works to address critical issues facing the state.
References:
- Texas Tribune
- Houston Chronicle
- Austin American-Statesman
- Dallas Morning News
- The Texas Tribune
- KXAN
- The Texas Tribune
- Austin American-Statesman
- The governor's petition, filed with the Texas Supreme Court, aims to remove House Democratic Leader Rep. Gene Wu from office, alleging abandonment of duties during a coordinated quorum break.
- The petition, known as a quo warranto proceeding, claims that Rep. Wu's indefinite absence from his legislative duties constitutes forfeiture of office, allowing the governor to fill the vacancy.
- The case is surrounded by debate among legal experts, with questions about its validity arising due to the Texas Constitution's allowance for quorum breaks and the need for more explicit intent to consider abandonment.
- The outcome of this case, which links a quorum break to the abandonment of office, could potentially influence the passage of policies related to flood relief and THC regulation, impeding the effective functioning of the Legislature.
