Texas judge shields Democratic state lawmaker from arrest

AUSTIN, Texas (CN) — A Texas Democratic lawmaker was granted a writ of habeas corpus on Wednesday protecting him from arrest by state law enforcement for fleeing Austin to avoid voting on elections bills.

The ruling in favor of Representative Gene Wu, D-Houston, comes a day after Republicans in the Texas House of Representatives voted to send police after quorum-busting Democrats who have left the state Capitol for Washington, D.C., to block voting reform legislation.

Wu’s application for habeas corpus, which protects an individual from unlawful imprisonment, was granted on Wednesday shortly after he filed it with the Harris County District Court .

In his single-page order, Judge Chris Morton said he "finds no legal cause has been shown for the restraint of Gene Wu.”

"The court orders that Gene Wu shall be discharged from any attempt to compel his appearance at the Capitol or any attempt to restrain his liberty in compelling his appearance at the Capitol," the ruling states.

Wu, who was still absent from the House chamber on Wednesday, filed his application from his home district in Houston. Speaking out on Twitter, Wu alluded to his protection from arrest: “This is a reminder to Gov. Abbott that we still live in a democracy.”

“There are attorneys from around the state working on similar protections for other Democratic members," Wu’s chief of staff, Amy Bruno, said in an interview.

On July 12, Wu and over 50 of his House Democratic colleagues left the Texas Capitol to halt legislative action in the chamber. The Democrats successfully held up the process through the remainder of a first special legislative session that was called by Republican Governor Greg Abbott. Abbott has called a second special session, which has also been stalled by a lack of the two-thirds quorum in the House required for legislative business to be conducted.

After leaving the Lone Star State, Wu and his fellow Democrats traveled to the nation's capital to speak with Democrats in Congress and the Biden administration about passing federal voting rights legislation in hopes of putting a stop to the efforts in Texas to implement voting restrictions.

Wu’s habeas grant comes a day after the Texas Supreme Court struck down a temporary restraining order from a Travis County District Court judge that prevented the arrest of all absent Democrats. The lower court's ruling came in response to a petition filed by 19 Democrats seeking injunctive relief against an order given by House Speaker Dade Phelan, R-Beaumont, to have rouge lawmakers arrested and returned to the Capitol. The all-Republican state high court unanimously overturned the restraining order.

Wu was not one of the 19 Democrats who filed the petition for injunctive relief. Before that petition was filed, 22 Democrats, including Wu, filed a lawsuit against Abbott, Phelan and Representative James White, R-Woodville, claiming their orders to compel a quorum violated their First, Fifth and 14th Amendment rights under the U.S. Constitution.  

The Democrats' absence from the Legislature was sparked by Republican efforts to change how elections are conducted in Texas. Senate Bill 1 and House Bill 3 seek to ban drive-thru and 24-hour voting and expand poll watchers' rights. The bills would also make it illegal for election officials to solicit unrequested vote-by-mail applications.

Democrats, civil rights activists and disability rights activists have accused Abbott and Republican lawmakers of attempting to suppress Texans' ability to cast a ballot, following former President Donald Trump's loss in the 2020 election. State Senator Bryan Hughes, R-Mineola, authored SB 1 and has defended his legislation as a common-sense measure to stop ballot harvesters and illegal voting.

With a quorum still lacking in the Texas House, lawmakers are unable to pass Abbott’s agenda items during the ongoing second special legislative session. The Texas Senate, which has maintained a working quorum throughout this battle, has continued to debate and advance bills, including SB 1.

Democrats in the Senate have taken to more traditional means to fight against the proposed legislation. State Senator Carol Alvarado, D-Houston, intends to filibuster the Senate elections bill and prevent its passage.

The Texas House recently came within five members short of a quorum, indicating that some House Democrats have begun returning to Austin.  

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