Texas House Democrats made national headlines this summer when they fled the state to stall a vote on a new congressional map that would help Republicans pick up 5 seats in the U.S. House of Representatives.
Republican Gov. Greg Abbott petitioned the Texas Supreme Court to remove their caucus leader from office.
Now, that high-stakes case is before the Texas Supreme Court on Thursday (Sept. 4) and could set a precedent for any lawmaker in the future who attempts to flee the state to avoid voting on a measure.
Abbott touted the court’s decision as a victory, posting on social media that the briefing schedule brings the “ring leader of the derelict Democrats … closer to consequences.”
The Court has combined Abbott’s lawsuit against Houston Rep. Gene Wu, chair of the House Democratic Caucus, with a similar case brought by Attorney General Ken Paxton, who seeks to oust Wu along with 12 other Democratic members.
Although Abbott and Paxton initially disagreed over which office had the legal authority to file such suits, Paxton said that he now looks forward to working alongside Abbott to “hold these cowards accountable.”
On Aug. 3, dozens of House Democrats left Texas to halt the Legislature and block passage of the GOP’s proposed congressional map. The redistricting push came under pressure from President Donald Trump, who has called for adding five Republican seats to bolster the party’s slim House majority ahead of the 2026 midterms.
As the minority party, their only viable tactic to derail the map is to break quorum—refusing to attend sessions so the chamber lacks the numbers needed to move legislation forward.
Wu’s attorneys contend that by leaving the state, he is acting in accordance with the will of his constituents, aiming to block the passage of legislation they oppose, the outlet noted.
Wu “has not died and has not been expelled from the House by the constitutionally prescribed means: a 2/3 vote of the House,” his lawyers said in a brief. “His presence in another state is not a voluntary resignation — as his opposition to this petition makes evident.”
The Texas Supreme Court is composed entirely of Republicans, with two-thirds of its members initially appointed by Governor Abbott. Among them are two justices — including the chief justice — who previously served as Abbott’s general counsel.
“They have their own independent authority, of course, but it does put them in a tough political position,” Andrew Cates, an Austin-based attorney and expert on Texas ethics law, told The Texas Tribune in an earlier interview. “They don’t want to be in the position of potentially biting the hand that initially fed them.”
Texas Republicans also made a big move this week to try and stop this from ever happening again.
Late on Monday, the Texas House enacted a bill that would punish people who break quorum in the future.
“In the past, legislators have used quorum breaks to raise political funds, creating concerns that members were benefitting financially while preventing the Texas Legislature from conducting its work,” said state Rep. Matt Shaheen (R-Plano), the author of House Bill 18.
“Current law does not limit fundraising or expenditures during these unexcused absences, only during the moratorium period during years when we’re in session. This current arrangement creates a financial incentive to break quorum,” Shaheen added.
During a quorum break, HB 18 would stop lawmakers from raising money. It would fine members up to $5,000 for each donation they accept and the same amount for each donation they make.
During a quorum break, lawmakers who aren’t breaching the law would still be able to raise money.
In his closing remarks in favor of the bill, State Rep. Richard Hayes (R-Hickory Creek) elaborated on what Shaheen had said.
Hayes pointed out three parts of the state constitution.
He added that the oath of office that lawmakers take requires them to be present at both regular and special sessions, and the constitution gives the Legislature the power to order them to do so.
