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The Texas Supreme Court has ruled that House Democrats who refuse to run for the Legislature can be detained by law enforcement and returned to the State Capitol.
“The Texas Supreme Court quickly rejected this dangerous attempt by the Texas Democrats to undermine our Constitution and avoid doing the job they were elected to do,” said Renae Eze, spokesperson for Abbott.
“We look forward to the Supreme Court upholding the rule of law and stopping yet another blockade tactic for Texas Democrats,” Eze added.
The statesman reported:
In response to an emergency petition filed hours earlier, the Texas Supreme Court on Tuesday blocked an order by an Austin district judge barring the arrest of Democrats participating in the ongoing quorum breach.
Governor Greg Abbott and Speaker of the House Dade Phelan, represented by Attorney General Ken Paxton, argued that the order of State District Judge Brad Urrutia improperly prevented them from exercising the authority specifically granted by the Texas Constitution.
“Compelling the participation of its members is a prerogative granted to the House by the Texas Constitution,” the petition states.
The appeal asked the All-Republican Supreme Court to overturn Urrutia, a Democrat, by 5 p.m. Tuesday, noting that the second special session is underway and that the “House Democrats return to Texas is imminent ”. Abbott and Phelan have also said Uruttia’s plan to hold an Aug. 20 hearing on the matter will come too late in a special session that can take place no later than Sept. 5.
In response, the state’s highest civil court blocked enforcement of the Urrutia order while judges weighed the legal issues. House Democrats had until 4 p.m. to table a response.
#BREAKING: In response to my mandamus filing, the Texas Supreme Court just issued an order arresting the militant judge in Austin, TX ⬇️ pic.twitter.com/W9qXMGRZF0
– Texas Attorney General (@TXAG) August 10, 2021
The ruling from the state’s highest court comes a day after a Democratic judge in Travis County, Texas, issued a mind-blowing order protecting Texas Democrats who fled the state last month to avoid having to vote on election integrity bills.
State District Judge Brad Urrutia has blocked the arrest of the Texas House Democrats, clearing the way for those who stay outside of Texas to return home without the threat of apprehension.
Urrutia has granted a temporary restraining order filed by Democrats that will prevent Texas GOP Governor Greg Abbott and House Speaker Dade Phelan from “detaining, containing or otherwise restricting” the free movement of Democrats in the United States. Chamber in the State or to issue warrants ordering their confinement.
The Texas Tribune reported:
The order expires in 14 days unless it is extended by Urrutia. The court will hear arguments over a temporary injunction on August 20, and Abbott and Phelan must show why a temporary injunction should not be filed against them.
In July, more than 50 House Democrats marched to Washington, DC, in a 30-day legislative session specially called to block passage of an election bill they said would restrict access to vote.
The remaining members of the chamber, mostly Republicans, voted to allow a “House appeal” under which all entrances to the chamber can be locked and lawmakers are not allowed to leave without the president’s permission. .
The report adds:
They also called on the chamber’s sergeant-at-arms and other law enforcement officials to bring back the missing lawmakers “under arrest warrant if necessary.”
Abbott had called for the arrest of Democratic lawmakers upon their return to the state, and Phelan signed an arrest warrant for Representative Philip Cortez after returning to Austin from Washington in July to once again leave the state capital a few days later. .
Recently, Republican Speaker of the Texas House of Representatives, Dade Phelan, signed a civil arrest warrant against Cortez.
Phelan wrote:
To the Sergeant-at-Arms of the State House of Representatives of Texas, or any officer appointed by him: You are hereby ordered to pick up the Honorable Philip Cortez, Member of the State House of Representatives of Texas, who is now absent from the House, wherever said Member is in the State, in your custody and custody and bring said Member to the Bar of the House immediately, this summons being issued by order duly passed of the House in accordance with Article III, Section 10, Constitution of Texas, made in exercise of its statutory powers to compel absent members to attend in the manner provided by the rules of procedure of the House. Do not miss this present, but give it in due form to this House.
New: Here is a copy of the civil arrest warrant for @CortezPhilip signed by @DadePhelan yesterday after returning to DC. #txlege pic.twitter.com/oqbQtQ86vN
– Brad Johnson (@bradj_TX) July 26, 2021
Texas Republican Gov. Greg Abbott has taken an uncompromising approach with Democrats who fled the state.
When he appeared on Fox News Monday night, the Texas governor said Democrats who fled the state will be arrested upon their return.
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