Gov. Greg Abbott and state Republicans felt the 50 Texas Democrats who fled the state should have been punished for abandoning their responsibilties to vote on the maps. State Republicans had sought their arrest and threatened fines to bring them back to the state Capitol.
Abbott had argued in a lawsuit filed directly to the state’s highest civil court that state Rep. Gene Wu, the leader of the House Democratic caucus, and others had effectively abandoned their office.
Wu had argued that he was not abandoning his office in the quorum break, but was exercising a right to dissent.
In denying Abbott’s request, the court opinion written by Justice James Blacklock noted that the Republican-majority Legislature had adequately resolved the problem itself through measures such as fines against the missing lawmakers, and that they eventually returned on their own within a few weeks.
“In the end, a quorum was restored in two weeks’ time, without judicial intervention, by the interplay of political and practical forces,” Blacklock wrote.
“Courts have uniformly recognized that it is not their role to resolve disputes between the other two branches that those branches can resolve for themselves,” the opinion said.
If the issue rises again and the Legislature cannot effectively compel lawmakers to return, the court may someday consider whether the courts should step in, the opinion said.
