Gov. Abbott Asks Court to Expel Leading Democrat Over Redistricting Protest

Texas Gov. Greg Abbott (R) filed an emergency petition with the Texas Supreme Court Tuesday seeking to forcibly remove House Rep. Gene Wu (D) from office — accusing the Democratic lawmaker of violating the state constitution by fleeing the Capitol to block a vote on the GOP’s proposed congressional map.

The rarely used legal maneuver, known as a writ of quo warranto, is typically reserved for removing officials who have unlawfully claimed or abandoned public office. Abbott’s petition argues that Wu, chair of the Texas House Democratic Caucus, has done exactly that by “willfully abandoning” his post during a special legislative session.

Wu, along with dozens of fellow House Democrats, left Texas this week to deny the Republican-controlled House the quorum required to pass legislation — including the new redistricting map that voting rights groups say would entrench GOP power and diminish representation for voters of color.

“He committed to going where ‘the governor has no power to reach into other states’ and remaining there for one purpose — to kill the Special Session and stymy a vote on new congressional maps,” the petition states. “Every state budget could be held hostage until the whims of a small fraction of legislators is satisfied.”

The filing also references an image of Wu boarding a private charter flight to Chicago alongside other Democrats, further alleging that the flight and related expenses were “facilitated by the backing of big-dollar Democratic donors.”

Abbott’s legal team argues that such public solicitations — combined with the prolonged absence from the state — amount to bribery under the Texas Constitution.

Wu responded with a public statement, accusing Abbott of weaponizing the law to silence opposition.

“Unable to defend his corrupt agenda on its merits, Greg Abbott now desperately seeks to silence my dissent by removing a duly-elected official from office,” Wu said. “You have failed the people of Texas, and you are using the courts to punish those who refused to fail with you.”

The petition urges the Texas Supreme Court to act quickly, calling on justices to remove Wu from office or at least grant permission for the case to proceed by Thursday, citing the August 20 expiration of the special session.

There’s no precedent for treating a quorum break as abandonment of office, and courts have historically been reluctant to interfere in the internal workings of the Legislature.

“It’s not abandonment. It’s a strategy within a voting body to impact a potential vote,” Christian D. Menefee, a Harris County Attorney and Democrat, said in response to the filing. “We know what bribery is. These arguments are deeply unserious.”

If the court agrees to hear the case, it could set a dramatic legal precedent — potentially opening the door to similar challenges against other Democratic lawmakers who joined the walkout.

Late Update, 8:40PM ET: In a surprising twist, Texas Attorney General Ken Paxton’s office told the Texas Supreme Court that Gov. Greg Abbott lacks the legal authority to bring the emergency petition seeking to remove Rep. Gene Wu from office. 

“While the Attorney General appreciates the Governor’s passion for ensuring that the Texas House reestablishes the quorum that is necessary to discharge the important business of the Legislature, this Court’s precedent is clear that a quo warranto proceeding can only be brought by the attorney general, a county attorney, or a district attorney,” Solicitor General William Peterson wrote.

Paxton’s office asked the court not to dismiss the case until Paxton decides whether to file such a suit himself after the Speaker’s Friday deadline passes.