Texas Supreme Court allows for arrest of Democrats who don't show up to the legislature

[Tadpole Raisin]

Overruling the lower court. This really angers me.


https://www.texastribune.org/2021/08/10/texas-greg-abbott-democrats-special-session/amp/

Snip:

House Democrats who refuse to show up for the Legislature could soon be detained by law enforcement and brought back to the state Capitol, after the Texas Supreme Court on Tuesday voided a state district judge's temporary restraining order barring their arrest.

The all-Republican high court's order came at the request of Gov. Greg Abbott and House Speaker Dade Phelan, also both Republicans, who petitioned the court on Monday to overturn a recent ruling by a Travis County district judge that blocked them from ordering the arrest of quorum-busting Democrats, who were in Washington, D.C., for about a month. The House Democrats in the suit have until Thursday at 4 p.m. to respond to the court.

[AZSkiffyGeek]

1. The few that went back to Texas this week had better be on a flight out ASAP nt

[TheBlackAdder]

14. I think they are sequestered in the building so they can't leave. They now have 13 Dems or so.

.

Bringing their number just 6 shy from a quorum.

.

[ColinC]

15. How much longer do they have?

Before the legislation is dead?

[TheBlackAdder]

16. IDK, I saw some article the other day which said if you showed up, you can't leave the building.

[ColinC]

17. Yeah I think it's cutting close.

Also I heard that there might be enough TX reps with covid to still avoid quorum. Wonder if that's true...

[TheBlackAdder]

18. Here's one link.

.


“Many of the people were here spent 24 hours working on that bill over the weekend,” said State Rep. Jim Murphy, who chairs the Texas House GOP Caucus, in a Tuesday press conference, citing the marathon hearings over the weekend focused on the election legislation during which members of both parties participated. “Those bills can be amended on the House floor. It is their legislation. It’s theirs to shape, it’s theirs to work on. And we await their presence.”

House members implemented a call on the House, which compels lawmakers to return to their desks to complete the chamber’s business. Members who are absent are then subject to arrest or brought back to the chamber by any means necessary, House Speaker Dade Phelan, R-Beaumont, said.

After the House doors were locked, members of the House Sergeant at Arms’ office and Texas Department of Public Safety Troopers were dispatched to Capitol offices, and even homes and workplaces of state lawmakers, according to State Rep. Eddie Morales, D-Eagle Pass, who was one of four Democrats to stay at the Capitol. The other Democrats who stayed behind were Tracy King of Batesville, Ryan Guillen of Rio Grande City and John Turner of Dallas. Turner said he stayed to monitor the chamber activity and ensure protocols were followed.

The Speaker issued individual permission slips for members who were present to leave the chamber and return at a designated time.

While Republicans will check in each day, Democrats say their East Coast trip is indefinite, but they are preparing for a long haul.

https://www.kxan.com/news/texas-politics/statehouse-reaches-stalemate-as-texas-democrats-break-quorum-and-republicans-lock-doors/

.

[ColinC]

19. Thanks!

Looks like they outta stay put if they don't want this thing to pass, then!

[FBaggins]

21. Months

Any action in the senate dies at the end of the 30-day session (which started on Saturday), but nothing keeps the governor from calling a new session minutes after this one ends.

This was never about actually killing the legislation unless Congress were to act or public opinion in Texas turned heavily in their favor.

[ananda]

2. I was expecting this. But that sure was fast!

!!!

[bluestarone]

7. Just seems like RETHUGS ALWAYS

Get fast decisions! (seems like)

[Dawson Leery]

3. The rigged legislature that is the Texas Supreme Court

is abusing it's power (which is typical of the right).

[LeftInTX]

6. They are elected

[Rustyeye77]

4. Can they arrest in Washington DC??

OR only when they enter Texas ?

[Phoenix61]

5. Only in Texas. nt

[tritsofme]

8. I thought this ruling was curious. Legislative bodies typically have broad power to enforce quorums.

If the members are present in the state, their attendance can generally be compelled.

[FBaggins]

10. It was just a TRO while they made their case in a week or so

Even that was a surprise, since (as you note) there doesn't seem to be much of a case.

[FBaggins]

9. Not much of a surprise

It isn't so much "overruling" since the lower court hadn't made a "ruling". This outcome was highly likely either today or in a couple of weeks. The law here is pretty clear. The legislators who remain when a quorum is lacking have the power to "compel" the attendance of those who won't show up.

[AngryOldDem]

12. Look for a law to go on the books

Indiana General Assembly Dems did this back in 2011 to fight Right to Work, a union-busting measure. They delayed numerous sessions for weeks by going to Illinois, and denying a quorum.

There is now a law about “legislative bolting” — only here, a civil penalty can be imposed.

Who among us is left who still believes government works for US?

[greymattermom]

13. Can they vote from jail?

So what does that accomplish?

[ColinC]

20. I think they can be arrested and brought to the chamber, maybe?

[FBaggins]

22. "Arrested" just means "seized by legal authority"

This isn't a criminal arrest taking them to jail. They would be taken to the legislature and held there for the quorum (literally locking the doors).