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Texas
Related: About this forumAustin judge signs order blocking arrest of quorum-busting Democrats
This makes me smile
Link to tweet
AUSTIN, Texas A criminal district judge in Austin has signed an order blocking the arrest of any quorum-busting House Democrats, saying that doing so would be a misinterpretation of House rules and the Texas Constitution.
Judge Brad Urrutia signed the order Sunday night, and it was filed by Austin attorneys representing 19 plaintiffs Monday morning.
The order blocks Gov. Greg Abbott, House Speaker Dade Phelan and law enforcement agencies such as the Texas Department of Public Safety and Capitol police from "detaining, confining, or otherwise restricting a Texas House Democrat's movement without his or her consent. It also prevents them from "issuing an warrants or other instruments demanding the detention, confinement or other restriction of a Texas House Democrat's movement."
Urrutia ruled that Texas law does not provide "provide for the physical confinement of lawmakers who have committed no crime."
Last month, more than 50 House members traveled to Washington, D.C., to block Texas lawmakers from voting on a proposal that they said would restrict voting access and to ask the federal government to pass federal voting rights legislation.
Judge Brad Urrutia signed the order Sunday night, and it was filed by Austin attorneys representing 19 plaintiffs Monday morning.
The order blocks Gov. Greg Abbott, House Speaker Dade Phelan and law enforcement agencies such as the Texas Department of Public Safety and Capitol police from "detaining, confining, or otherwise restricting a Texas House Democrat's movement without his or her consent. It also prevents them from "issuing an warrants or other instruments demanding the detention, confinement or other restriction of a Texas House Democrat's movement."
Urrutia ruled that Texas law does not provide "provide for the physical confinement of lawmakers who have committed no crime."
Last month, more than 50 House members traveled to Washington, D.C., to block Texas lawmakers from voting on a proposal that they said would restrict voting access and to ask the federal government to pass federal voting rights legislation.
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Austin judge signs order blocking arrest of quorum-busting Democrats (Original Post)
LetMyPeopleVote
Aug 2021
OP
Austin judge signs order to block arrests of Democrats who refuse to return to Texas Capitol
LetMyPeopleVote
Aug 2021
#3
#SCOTX has temporarily halted a state district judge order that blocked the arrest of House Dems
LetMyPeopleVote
Aug 2021
#6
EYESORE 9001
(25,965 posts)1. Suck on that, Abbott
Your despotic desires were thwarted.
dlk
(11,574 posts)2. Republicans will likely appeal
Its not over yet. Few can dig their heels in like thwarted Republicans. Urrutias ruling is a very good start, though.
LetMyPeopleVote
(145,481 posts)3. Austin judge signs order to block arrests of Democrats who refuse to return to Texas Capitol
Greg is going to be pissed
Link to tweet
A state district judge in Travis County has granted a temporary restraining order blocking the arrest of House Democrats who have broken quorum, paving the way for those who remain outside the state to return home without threat of arrest.
State District Judge Brad Urrutia, a Democrat, signed the order late Sunday night restricting Gov. Greg Abbott and House Speaker Dade Phelan from "detaining, confining or otherwise restricting" the free movement of House Democrats within the state or issuing any warrants ordering their confinement.
The order expires in 14 days unless extended by Urrutia. The court will hear arguments on a temporary injunction on Aug. 20 where Abbott and Phelan must show why a temporary injunction should not be filed against them.
The lawsuit was filed on behalf of 19 House Democrats by attorneys Sam Bassett, Jeremy Monthy and Megan Rue.
It is the second lawsuit filed by House Democrats in an attempt to avoid arrest if they returned to Texas. The other was filed by attorney Craig Washington in federal court in Austin on behalf of 22 House Democrats. It was riddled with problems, including subsequent statements by at least four of the plaintiffs that they had not authorized the suit on their behalf.
State District Judge Brad Urrutia, a Democrat, signed the order late Sunday night restricting Gov. Greg Abbott and House Speaker Dade Phelan from "detaining, confining or otherwise restricting" the free movement of House Democrats within the state or issuing any warrants ordering their confinement.
The order expires in 14 days unless extended by Urrutia. The court will hear arguments on a temporary injunction on Aug. 20 where Abbott and Phelan must show why a temporary injunction should not be filed against them.
The lawsuit was filed on behalf of 19 House Democrats by attorneys Sam Bassett, Jeremy Monthy and Megan Rue.
It is the second lawsuit filed by House Democrats in an attempt to avoid arrest if they returned to Texas. The other was filed by attorney Craig Washington in federal court in Austin on behalf of 22 House Democrats. It was riddled with problems, including subsequent statements by at least four of the plaintiffs that they had not authorized the suit on their behalf.
LeftInTX
(25,496 posts)4. Yay!
Temporarily blocked......
I don't know what's next....
State really can't appeal to Court of Criminal Appeals, (not a true criminal case) but I guess 3rd Court of Appeals...
(Dems could have success there)...
Then, if that doesn't work, appeal to the State Supreme Court...
Abbott did extend legislative pay another 30 days...
I guess he felt he would lose that case at the TX SC.....
SheltieLover
(57,073 posts)5. K&R!
LetMyPeopleVote
(145,481 posts)6. #SCOTX has temporarily halted a state district judge order that blocked the arrest of House Dems