Absent Texas Democrats can be arrested, court says
AUSTIN, Texas – In a victory for Republican leaders in the state Capitol, the Texas Supreme Court ruled Tuesday that quorum-busting Democrats can be forced to return to the House chamber, using the power of arrest if necessary.
Nineteen House Democrats had sued House Speaker Dade Phelan, Rbeaumont, and Gov. Greg Abbott, arguing that the Texas Constitution specifically avoided using the word arrest, making it “clear that members should not be physically forced to participate in a charade of democracy.” Instead, Democrats argued, political leaders were empowered only to use persuasion and dialogue to end a walkout that brought to a standstill the first 30-day special session as well as the first 12 days of the second legislative overtime.
The all-republican Supreme Court disagreed, saying the Texas Constitution clearly states that lawmakers can “compel the attendance of absent members,” and that they can do so “in such manner and under such penalties as (the) House may provide.”
“The uniform understanding of the provision throughout our state’s history – including around the time of its enactment – has been that it confers on the Legislature the power to physically compel the attendance of absent members to achieve a quorum,” Justice Jimmy Blacklock wrote for the court.
Article III of the Texas Constitution, which deals with the legislative branch, requires at least two-thirds of the members of the House and Senate to be present for business to be conducted. The same section says that if a quorum is not present, those remaining can compel those who are absent to attend.
The result is a “careful balance” between the right of a legislative minority to oppose legislation and the majority’s right to conduct business, Blacklock wrote.
“(It) is one of the foundational constitutional rules governing the lawmaking process in Texas,” he added. “Neither the passage of time nor the passions of a hotly contested legislative dispute can change what it means.”
Lawyers for the Democrats said they were disappointed but not surprised at the ruling. “It is clear that politicians ordering arrests of opposing politicians is a matter of great concern, and we intend to continue our representation so that courts might hear evidence and argument for decisions on this important issue,” lawyers Sam Bassett, Jeremy Monthy and Megan Rue said in an emailed statement.
Meanwhile, spurred by Abbott, Republican lawmakers have introduced bills to place a constitutional amendment before voters that would lower the quorum threshold to a simple majority of House and Senate members.
In an initial vote last week, the proposed amendment received support from 19 senators, short of the 21 votes needed for passage, with two Democrats absent.
The 19 Democrats sued Phelan and Abbott on Aug. 8, the second day of the second special session.
Later that Sunday, state District Judge Brad Urrutia of Austin issued a temporary restraining order to halt any attempt to arrest the quorum-busters.
Phelan and Abbott appealed, and on Aug. 10 the Supreme Court blocked enforcement of Urrutia’s order while it weighed the legality of compelled attendance in the Texas House.
That same day, Phelan signed 52 civil arrest warrants for law enforcement to locate absent Democrats and bring them to the House chamber so a quorum could be established. To date, no arrests have been made.
House Democrats broke quorum to halt passage of a GOP voting and elections bill that they believe would impose unnecessary barriers to casting a ballot, while Republicans say the changes are needed to protect against voter fraud and bolster confidence in election results.