Texas Gov. Responds in Lawsuit to Remove Top Democrat From Office

Texas Gov. Greg Abbott (R) filed a reply Saturday in ongoing litigation aimed at removing a top Democrat from office, just one of many legal challenges Republicans are throwing at Democrats who left the state to block a vote on a rushed redistricting scheme that could add five GOP seats to Congress. 

Abbott filed an emergency petition last week targeting state Rep. Gene Wu (D), the chair of the Texas House Democratic Caucus, asking the Texas Supreme Court to remove Wu from office and declare his seat vacant. Abbott argued Wu abandoned his office by leaving the state to prevent the redistricting vote. Days after Abbott’s filing, Texas Attorney General Ken Paxton brought his own lawsuit against Wu and 12 other Democrats to remove them, as well. 

The effort to remove Democrats from office signals a dramatic escalation in how Texas Republicans are fighting back against opponents, as they seek to undermine and delegitimize one of the only tools available to the state’s minority party – a quorum break. 

Wu argued in his reply the only entity with the power to remove him from office is the Texas House, in a two-thirds majority vote. 

In the latest filing, Abbott responded to Wu’s arguments, insisting Wu can be removed from office, Abbott has the authority to bring the lawsuit and the Texas Supreme Court is the proper venue to decide the case. 

While Wu argued a 2021 Texas Supreme Court ruling acknowledged the state constitution “enables” quorum breaking, Abbott said the constitution merely recognized the practical ability to disrupt a quorum, but did not give legislators the right to do so. 

“In other words, the Constitution ‘enables’ quorum breaking in the same way that a highway ‘enables’ one to reach speeds of 120 MPH in a 60 MPH zone,” Abbott’s filing said. “Just as the driver who speeds is subject to escalating consequences seeking to curb misconduct, the Constitution authorizes the House to compel the attendance of absent members, punish them for disorderly conduct, and even expel.” 

Abbott’s response also argued Wu doesn’t have the power to end a special session called by the governor. 

“If this Court does not make clear now that Wu has forfeited his office, he may continue this infinite jest in a supposed quest to ‘save democracy’ that really installs him as Supreme Leader,” his filing said.

Abbott’s lawsuit has drawn both supporters and adversaries, including Sen. John Cornyn (R), who filed an amicus letter Friday that took more shots at Paxton, his Republican primary opponent, than at Democrats who have left the state. A group of Wu’s constituents filed an amicus letter claiming Wu’s “dereliction of duty” left residents “without representation.” In a third letter, Republican state Representatives Mitch Little and Briscoe Cain urged the court to rule Democrats cannot bring the session to a halt.  

Meanwhile, Two Democratic state representatives, Joe Moody and Mary Gonzalez, filed a brief arguing the quorum break isn’t a crisis – but the Republican response is nearing one. 

“What would be a constitutional crisis is this Court un-electing nearly every member of the minority party over lawfully resisting the majority,” they wrote, adding that the effort to remove Democrats from office “puts us on the brink of naked authoritarianism.” 

Harris County Attorney Christian Menefee – one of the Texas officials authorized under state law to bring quo warranto proceedings – also filed an amicus brief in the case saying Abbott does not have the power to bring this type of lawsuit. 

“In a world where political stunts and lawfare have become a predictable drain of judicial resources, this ‘lawsuit’ still defies expectations. Governor Abbott simply has no authority to bring this action, and there is no legal basis to find that Representative Wu abandoned his office,” Menefee’s brief said.