- Texas Supreme Court Sets Briefing Schedule in Litigation to Remove Absentee Legislators
- Burrows Provides Update on DPS Efforts, Reiterates that Democrats Will Foot the Bill
- Actions Taken in Illinois and California to Enforce Arrest Warrants
As the quorum break by members of the Texas House Democratic Caucus continues into its second week, Republican leaders have pursued various avenues to hold the absentee Democrats accountable for their actions. Here is the latest on those efforts.
Texas Supreme Court Sets Briefing Schedule in Litigation to Remove Absentee Legislators
The Texas Supreme Court has released a briefing schedule in the litigation filed by Governor Greg Abbott and Attorney General Ken Paxton to remove some absent Democrats from their seats.
Under the expedited briefing schedule, Abbott and Paxton must file their briefs by August 20, with the Democrats who are subject to the lawsuits given until August 29 to file their briefs. Abbott and Paxton will then have until September 4 to file any reply briefs.
Abbott filed a Quo Warranto action in the Texas Supreme Court to remove House Democratic Caucus Chairman Gene Wu on August 5.
Abbott’s lawsuit was followed by a Quo Warranto action filed by Paxton on August 8 that seeks to remove Wu as well as Democrat State Representatives Ron Reynolds, James Talarico, Vikki Goodwin, Lulu Flores, Gina Hinojosa, Mihaela Plesa, Suleman Lalani, John Bucy, Chris Turner, Ana-Maria Ramos, Christina Morales, and Jessica Gonzalez.
Several amicus briefs have been filed by third parties in Abbott’s action seeking to remove Wu.
Harris County Attorney Christian Menefee filed an amicus brief in support of Wu on Friday. Notably, Menefee is currently running to fill the vacancy in Congressional District 18. Should the proposed redistricting map pass, Congressional District 18 would be altered in such a way that would potentially cause Democrat Congressman Al Green to seek election in District 18 instead of his current district of Congressional District 9.
Others filing amicus briefs in support of Wu include Democrat State Representatives Joe Moody and Mary Gonzalez, the League of Women Voters of Texas, Asian Texans for Justice, OCA-Greater Houston, UnidosUS, NAACP Texas State Conference, and League of United Latin American Citizens.
Those filing amicus briefs in support of Governor Abbott’s attempt to remove Wu include Republican State Representatives Mitch Little and Briscoe Cain, United States Senator John Cornyn, and four of Wu’s constituents. Cornyn has also asked the FBI to assist in efforts to locate and arrest the absent Democrats.
Paxton’s office filed an amicus brief in Abbott’s litigation, arguing that the Governor does not have the authority to file a Quo Warranto action seeking to remove an officeholder before the Texas Supreme Court.
Burrows Provides Update on DPS Efforts, Reiterates that Democrats Will Foot the Bill
After a quorum could not be established in the Texas House on Monday, Speaker Dustin Burrows provided an update on efforts by the Department of Public Safety to locate any absent Democrats who may be in Texas.
“The Department of Public Safety has special agents deployed in every region of Texas. The House has deputized dozens of officers and dispatched them across the state. They are set up outside members’ homes, conducting surveillance, knocking on doors, calling their phones multiple times a day. So far, no one’s home, but the search continues, and it will not stop,” said Burrows.
Burrows added that he had requested that the Department of Public Safety establish a tip line for members of the public to report leads regarding the locations of absent lawmakers. The phone number for the tip line is 866-786-5972.
In addition to incurring penalties of $500 per day, absent Democrats are also liable for the costs to locate and return them to the Capitol – a point emphasized by Burrows in his remarks.
Burrows told those present, “Understand that we are keeping receipts for every gallon of gas, every mile traveled, and every hour of overtime associated with the pursuit of these missing members. Under Rule 5, Section 3 of the House rules, those breaking quorum will be held financially responsible for the costs they’ve created, not the taxpayers.”
Actions Taken in Illinois and California to Enforce Arrest Warrants
The Texas House of Representatives, represented by the Office of the Attorney General, has also filed actions in Illinoisand California seeking to have the civil arrest warrants against the absentee Democrats enforced in those states under the Full Faith and Credit clause of the United States Constitution.
Jil Tracy, a Republican Illinois State Senator, is serving as local counsel in the Illinois litigation, which was filed in heavily Republican Adams County in Western Illinois. Shawn Cowles of the Dhillon Law Group is serving as local counsel in the California litigation.
In a statement issued after the enforcement action was filed in Illinois, Speaker Burrows said, “From day one, I have said that all options are on the table when it comes to making sure my colleagues who have fled the House return to fulfill their constitutional obligations. The members who fled have been given ample time and opportunity to return on their own accord, and because they have continued to refuse their responsibilities to their constituents and return to Texas, the State has no choice but to pursue additional legal remedies to compel their return from other states. Our full focus is on stopping this dereliction of duty and restoring quorum in the Texas House as soon as possible so we may return our time, attention and resources where they most matter—on the critical issues of the special session call.”
