Texas Republicans Clash Over Lawsuit Removing Top Democrat From Office

Not only are Texas Republicans fighting back against Democrats who left the state to block a vote on the GOP’s congressional map – they’re also battling one another. Gov. Greg Abbott and Attorney General Ken Paxton both want the courts to remove Democrats from office and declare their seats vacant, but they are sparring publicly over how to do it. 

Abbott filed an emergency petition Tuesday directly with the Texas Supreme Court, asking justices to declare state Rep. Gene Wu’s seat vacant. The filing signaled a dramatic escalation in the battle over Republicans’ redistricting plan, which aims to create five additional GOP seats in Congress. It also set off an unusual public showdown between Paxton and Abbott, with Paxton arguing the governor did not have the authority to bring the lawsuit, and Abbott doubling down on his ability to file the petition.

Democrats have vowed to stay away from Texas to prevent Republicans from having enough House members in attendance to take a vote. More than 50 Texas Democrats have broken quorum, but in his filing Abbott appeared to make a test case out of Wu, a Houston representative who serves as chair of the Texas House Democratic Caucus. Abbott argued Wu’s seat should be declared vacant because he abandoned his office by leaving the state for Illinois. 

“This Court should make clear that a legislator who does not wish to perform his duties will be stripped of them,” the filing argued.

Wu, however, said he’s in Illinois to do his job: fighting against a “racist gerrymandered map.” 

“This office does not belong to Greg Abbott, and it does not belong to me,” Wu said in a statement Tuesday. “It belongs to the people of House District 137, who elected me. I took an oath to the constitution, not a politician’s agenda, and I will not be the one to break that oath.”

Other quorum-breaking representatives are doing their jobs, as well, including three House Democrats who filed new pieces of legislation Tuesday. 

Shortly after Abbott filed the motion, Paxton’s office took the unusual step of sending a letter to the Texas Supreme Court claiming Abbott did not, in fact, have the authority to file the lawsuit. 

“While the Attorney General appreciates the Governor’s passion for ensuring the Texas House reestablishes the quorum that is necessary to discharge the important business of the Legislature,” Solicitor General William R. Peterson wrote, “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.”

Peterson suggested Abbott had jumped the gun on taking legal action and said Paxton will wait until Friday to pursue a quo warranto proceeding, in alignment with a deadline the Texas House speaker gave Democratic lawmakers for returning to the Capitol.

Abbott’s office quickly responded with a letter of their own to the court. Rather than backing off, Abbott – who formerly served as Texas attorney general and as a Texas Supreme Court justice – doubled down on his position.

“At least 500 years of common law and more recent Texas Supreme Court precedent make clear that quo warranto proceedings may be initiated by relators other than the Attorney General,” the letter said.

Abbott isn’t the only high-profile Republican at odds with Paxton. Paxton is also locked in a heated 2026 primary challenge against Sen. John Cornyn, with both candidates laser focused on scoring political points with Republican voters. 

Now, Paxton and Cornyn are competing to take unprecedented steps to punish quorum-breaking Democrats. Cornyn sent a letter Tuesday to FBI Director Kash Patel asking for assistance, “as federal resources are necessary to locate the out-of-state Texas legislators who are potentially acting in violation of the law.” 

Cornyn also jumped into the fray Wednesday, criticizing Paxton for contesting Abbott’s authority – and arguing Paxton wasn’t in a position to call out lawmakers who left the state.

“Problem is, he has abandoned his post and is only available by video from an undisclosed location on a golf vacation in Europe,” Cornyn posted on social media.

Setting aside the conflict between Abbott and Paxton, the Texas Supreme Court requested late Tuesday that Wu file a response to Abbott’s petition by end of day Friday.