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AUSTIN, Texas – The Texas Supreme Court, made up entirely of Republican judges, ruled Tuesday against the House Democrats, who filed a lawsuit to block their arrests as the quorum continues to be broken.
What you need to know
- The Texas Supreme Court on Tuesday cleared the way for the arrest of House Democrats who fled to block a sweeping electoral law
- The court’s decision overturned a provincial judge’s injunction that blocked arrests
- House Democrats remain determined to deny the quorum, a lawmaker told Capital Tonight this week
The court ruled that the state’s constitution allows lawmakers to be arrested so that the Texas legislature can resume business.
NEW: Texas Supreme Court ruling against House of Representatives who sued for blocking their arrest while breaching quorum … the ruling orders the lower court to remove its TRO that blocked the civil arrest of those lawmakers. #txlege https://t.co/nW83lexkLH
– KarinaKling (@KarinaKling) August 17, 2021
“After examining the wording and history of Article III, Section 10, along with relevant court judgments, we conclude that the provision at issue means exactly what it says. The Texas Constitution empowers the House of Representatives to “compel absent members to attend” and authorizes the House of Representatives to do so “in such manner and under such penalties as” [the] House can make sure of that, ‘”wrote Judge James D. Blacklock in his opinion.
The Texas Supreme Court ruling overturns a restraining order from Travis Country Judge Brad Urrutia that banned the arrest of House Democrats who fled the House of Representatives earlier this summer to prevent the passage of a GOP-backed voting bill .
Tuesday’s decision, Blacklock wrote, did not affect whether Democrats should be arrested.
“The question in this court now is not whether it is a good idea for the Texas House of Representatives to arrest absent members to enforce a quorum,” he wrote. “Also the question of whether the proposed voting legislation that leads to this dispute is desirable. These are political questions that lie far outside the judicial function. “
What happens next remains to be seen. On Monday, State Representative Rafael Anchia, D-Dallas, told Democrats at Capital Tonight’s Karina Kling House that they continue to unite to refuse the quorum.
“We are ready to go back to work to contain the spread of the coronavirus. We are ready to get back to work to ensure a safe back to school and we are ready to get back to work to fix the broken network, ”he said. “What upsets me about the governor is that he sets the house on fire and then complains that we don’t turn up with buckets to put it out.”
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