Paxton files lawsuit against quorum-breaking Democrats in Texas Supreme Court
AUSTIN (KXAN) — On Friday, Texas Attorney General Ken Paxton filed a lawsuit against Democratic state lawmakers who left the state during the special session to block action on redistricting bills. The lawsuit, filed in the Supreme Court of Texas, seeks to declare 13 Texas House seats have been vacated due to "unlawful" absences by Democrat legislators who have failed to meet the return deadline set by Speaker Dustin Burrows.
“The rogue Democrat legislators who fled the state have abandoned their duties, leaving their seats vacant,” Paxton said. “These cowards deliberately sabotaged the constitutional process and violated the oath they swore to uphold. Their out-of-state rebellion cannot go unchecked, and the business of Texas must go on."
Texas State Rep. John Bucy III, D-Austin, responded to Paxton's lawsuit filing while he and 12 other state Democrats are in Illinois. Their absence means the Texas House does not have a quorum and can't take action on bills it's considering.
"This is what it looks like when a president, a governor, and an entire political party work together to cheat in an attempt to steal an election. They are doing everything they possibly can to cling to power and subvert the will of millions of Americans," Bucy III said in a statement. "This seat belongs to the people of Texas House District 136 — not Ken Paxton. I am not afraid. I am not backing down.
According to Paxton, Texas law provides the attorney general with explicit authority to represent the State in quo warranto actions and to appear before the Texas Supreme Court in matters where the State has a direct interest. Quo warranto actions challenge a person's right to hold office and can lead to their removal.
The lawsuit states: “The Texas Constitution, statutes, and rules provide a broad range of tools for members of a legislative minority to be heard. But those tools do not include concerted effort by members of the minority to disrupt the functioning of the Legislature by abdicating their duties, including spurning the constitutional authority of the remaining members to compel their attendance."
On Sunday, Gov. Greg Abbott called for removing those Democrats if they did not show up to work, and the Speaker of the House gave them a Friday deadline to return, which did not happen. Now, the Supreme Court must consider the lawsuit against those Democrats.