(The Center Square) – Reversing course, Texas Attorney General Ken Paxton filed lawsuits in courts in Illinois and Texas in response to House Democrats absconding six days ago to prevent a vote on Congressional redistricting. Paxton previously said it was unlikely that his office could do anything.
On Friday, Paxton filed a petition for writs of quo warranto with the Texas Supreme Court to declare 13 House seats vacant currently held by Democrats who’ve left the state.
“The State of Texas brings this original proceeding for writs of quo warranto,” the petition states. “Respondents, thirteen members of the Texas House of Representatives, have fled from the State with the intent to, and for the admitted purpose of, interfering with the operation of the Legislature. Respondents have also willfully refused to return when the Legislature has been convened by the Governor and despite the Speaker of the House’s issuance of warrants for their arrest. Because Respondents have abandoned their offices as State Representatives, the Attorney General, on behalf of the State, seeks a declaration that those positions are vacant.”
The lawsuit requests the court to declare the following Texas House seats vacant:
District 27: Ron Reynolds; District 47: Vikki Goodwin; District 49: Gina Hinojosa; District 50: James Talarico; District 51: Lulu Flores; District 70: Mihaela Plesa; District 76: Suleman Lalani; District 101: Chris Turner; District 102: Ana-Maria Ramos; District 104: Jessica Gonzalez; District 136: John Bucy III; District 137: Gene Wu; District 145: Christina Morales.
The lawsuit focuses on 13 Democrats “who made incriminating public statements” about their refusal to return to Austin, “essentially confirming in their own words the very grounds for this legal action,” an OAG statement released on Friday says. “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.”
“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,” Paxton said in a press release. “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.”
Earlier in the week while vacationing in Europe, Paxton told Fox News it was the county attorney’s job to file a petition for writs of quo warranto with the court and his office could do little to enforce the law, The Center Square reported. The Texas Solicitor General also argued it wasn’t the governor’s job to file the emergency petition, which Gov. Greg Abbott did on Wednesday, requesting the Texas Supreme Court to remove Rep. Gene Wu, D-Houston, from office. Gov. Greg Abbott then issued a clarifying statement explaining his authority to file the petition. Despite press releases being distributed from the Office of Attorney General about Paxton holding Democrats responsible, the first lawsuit the OAG filed was on Thursday, followed by a second on Friday.
The Texas House on Thursday sued 33 Democrats in Illinois requested an Illinois court to domesticate Texas warrants in order for local authorities to arrest them and work with Texas law enforcement to return them to Texas, The Center Square reported. The lawsuit was filed after the House requested the assistance of the OAG. Burrows on Friday said the House was working with the OAG to pursue similar action in other states, The Center Square reported.
There is overlap between the 33 Democrats who were sued in Illinois and the 13 seats Paxton asked the court to vacate. Among them are Talarico, Turner, Ramos, Gonzalez, Bucy, Wu and Morales.
In response, Turner said, “Ken Paxton is a terrible Attorney General, but he is somewhat good at sending campaign press releases masquerading as court filings. In breaking quorum in the special session, I am exercising my legislative rights under the Texas Constitution. Furthermore, I am doing the very job that the people of House District 101 elected me to do—to fight for them and for the voting rights of all Texans. I am doing everything I can to protect Texans from this illegal and racially discriminatory power grab orchestrated by Donald Trump and Greg Abbott. I am not afraid of threats from wannabe dictators like Trump, Abbott, and certainly not Paxton.”
Johnson said, “Make no mistake about it. We are running from nothing. We see the danger that is coming, and we are running straight for it.”