A pivotal legal battle is now underway at the Texas Supreme Court, where justices will weigh whether Democratic lawmakers who left the state to block a GOP-backed redistricting vote can be removed from office.
Back in August, Texas House Democrats made headlines by fleeing to Washington, D.C., in an attempt to prevent a vote on a new congressional map — one designed to help Republicans gain as many as five U.S. House seats ahead of the 2026 midterms.
Now, Governor Greg Abbott and Attorney General Ken Paxton are pushing to oust Democratic Caucus Chair Rep. Gene Wu of Houston and 12 other House Democrats, arguing they abandoned their constitutional responsibilities.
Governor Abbott and AG Paxton Join Forces
Though Abbott and Paxton initially clashed over who had the authority to file such a legal challenge, they’ve now aligned in a joint effort to pursue the case. The two lawsuits have been merged and are being heard together by the Texas Supreme Court, which convened on Thursday, Sept. 4.
Abbott celebrated the court’s move forward, stating on social media that the proceedings bring the “ring leader of the derelict Democrats… closer to consequences.” Paxton echoed that sentiment, calling the absent lawmakers “cowards” who should face accountability.
Democrats Argue They Were Acting for Their Constituents
Attorneys for Rep. Wu have pushed back, asserting that his actions reflect the wishes of his district, not a resignation from office.
“He hasn’t died, he hasn’t resigned, and he hasn’t been expelled,” his legal team wrote. “Being in another state isn’t the same as voluntarily stepping down — especially since he’s actively opposing this petition.”
Democrats argue that breaking quorum — refusing to attend legislative sessions — is their only effective tool to block legislation they strongly oppose when in the minority.
Political Pressure and Court Composition Raise Questions
The Texas Supreme Court, composed entirely of Republicans, includes several justices originally appointed by Abbott himself — including two with previous roles as his legal counsel. This has raised questions about potential conflicts of interest.
“The justices have their own authority, but they’re in a politically sensitive position,” said legal ethics expert Andrew Cates in a previous interview. “They may not want to appear to turn against the governor who helped place them on the bench.”
New Bill Targets Future Quorum Breaks
In addition to the ongoing court case, Texas Republicans passed new legislation this week aimed at preventing similar walkouts in the future.
House Bill 18, introduced by Rep. Matt Shaheen (R-Plano), would ban lawmakers who are actively breaking quorum from raising or donating campaign funds. Violators would be fined $5,000 per donation — both for donations received and those given — during the period of unexcused absence.
Supporters say the bill is needed to close a loophole that allows members to fundraise while blocking legislative work, potentially creating a financial incentive for political stunts.
“This bill ensures lawmakers can’t profit while stopping the Legislature from doing its job,” said Rep. Shaheen.
Rep. Richard Hayes (R-Hickory Creek) backed the bill, referencing the Texas Constitution’s requirement that lawmakers attend regular and special sessions unless properly excused.
What Happens Next
The Texas Supreme Court’s ruling could set a major precedent on how far lawmakers can go to protest legislation — and what the consequences might be. A decision to remove sitting legislators for breaking quorum would be unprecedented and could significantly reshape political strategy going forward.
