Texas high court rejects removal of Democratic lawmakers who led quorum break over redistricting
AUSTIN, Texas — The Texas Supreme Court on Friday refused to declare that Democratic lawmakers who briefly fled the state in 2025 to block a vote on new congressional voting maps pushed by President Trump had vacated their office.
The all-Republican court dealt a blow to Gov. Greg Abbott and state Republicans in their efforts to severely punish the more than 50 Democrats who bolted for New York, Illinois and Massachusetts in a bid to stop a vote on the maps during a special session. 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.
“When Greg Abbott threatened to arrest and expel us for denying him a quorum, we told him he should ‘come and take it.’ He tried!” Wu said in a statement Friday. “Abbott was wrong, weak, and after all his bluster, he couldn’t come and take a damn thing.”
Wu and the other lawmakers eventually returned to Texas, and the new map was passed and signed into law by Abbott.
Wu had argued that because he had returned to the Capitol and the map was eventually signed into law, there was no longer any reason for the court to weigh in.
“Their return is robust proof that they never intended to abandon their offices,” Wu argued in legal briefs. “Despite the overheated rhetoric, this quorum break was always understood to be temporary.”
The Texas walkout intensified into a high-stakes national drama as Trump urged Texas and other GOP-controlled states to redraw their congressional districts to help Republicans maintain control of the U.S. House. The Texas map effort set off a wave of similar efforts across several states as governors from both parties pledged to redraw maps with the goal of giving their political candidates a leg up in the 2026 midterm elections.
The state constitution requires that at least 100 of the 150 House members be present to conduct business, and the quorum break effectively shut down a special legislative session Abbott had called to address redistricting and other issues, including aid to communities hit by the devastating July Fourth floods that killed more than 100 people.
In 2021, the court ruled that the Texas Constitution enables the possibility of a quorum break but also allows for consequences to bring members back.
Last year’s Democratic walkout was the third since 2003, when lawmakers bolted to stop a vote on a redistricting bill. They did it again in 2021 over an elections bill. In both cases, they were temporary victories as Democrats eventually returned and the Republican majority in the Legislature ultimately passed both measures into law.
