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Texas justices block order preventing arrest of Democrats who fled state

The all-Republican state high court blocked enforcement of an order barring the arrest of Democratic lawmakers while the justices weigh the case.

AUSTIN, Texas (CN) — The Texas Supreme Court on Tuesday granted a stay blocking a Travis County District Court order against state Republican leaders' attempts to have absent Democratic legislators arrested and brought back to the state Capitol.

Texas Governor Greg Abbott and House Speaker Dade Phelan filed an emergency motion early Tuesday seeking to void a district court's decision blocking Texas law enforcement from arresting Democrats who fled the state for the nation's capital in an effort to block Republican-back voting restriction bills by preventing quorum from being reached.

The Travis County court's decision came Monday after several Democrats, who still reside in the District of Columbia, filed a complaint requesting injunctive relief against a so-called call of the house order. The procedural move invoked by Republicans gives Texas law enforcement agencies the authority to arrest lawmakers who are not present and deliver them to the state House of Representatives chamber, where they would be locked inside until adjournment. 

Democrats have until 4 p.m. on Thursday to file a response with the Texas Supreme Court. The all-Republican high court blocked enforcement of the lower court's order shielding Democrats from arrest while the justices weigh the case.

Responding to the high court’s stay of the restraining order, House Democrats Trey Martinez Fischer, Gina Hinojosa and Jasmine Crockett said in a statement they are looking forward to their Aug. 20 injunction hearing in Travis County District Court.

“It is no surprise that Republican Governor Greg Abbott and House Speaker Phelan want to arrest their political opponents,” they said. “Thankfully, this is still the United States of America. We will defend the freedom to vote.”

House Democrats have evaded law enforcement's reach by leaving the state, but after nearly 30 days away they have begun looking for a route home that still allows them to deny a quorum in the Texas House.

On July 12, mere days into the governor's first called special session, Democrats chartered a private plane to the District of Columbia. Their main goal was to deny the Texas House a quorum and hold up the legislative process so Republicans cannot pass their controversial voting reforms bill. The secondary goal was to apply pressure to members of Congress and President Joe Biden to pass federal voting legislation that would eclipse Texas Republicans' ability to change voting in the state. 

The complaint filed by Democrats Monday that led to the restraining order is just one of two legal actions the delegation has taken against Abbott and Phelan. Last Friday, Democrats filed a lawsuit against the governor and speaker for allegedly violating their rights under the First, Fifth and 14th Amendments to the U.S. Constitution. 

House Republicans voted Monday to issue another call of the house order for the ongoing, 30-day second special session. Under such an order, all lawmakers present in the chamber are be locked inside until the speaker adjourns. 

Following the high court’s stay Tuesday morning, Texas House Republicans voted 80-12 in the evening to send officers appointed by the sergeant at arms to apprehend the absent lawmakers. Republicans made the same move when Democrats walked out of the state Capitol during the first special session, but no lawmakers were arrested.    

As of now, if all parties hold their position, this second special session will come to an end without a single bill reaching the governor's desk. Abbott has threatened to continue calling special sessions until his priorities are made law. 

Republicans have publicly maintained that the Democrats' decision to deny a quorum this summer only slows the inevitable passage of an omnibus voting bill. Matching their determination, Democrats have vowed to block any legislation that they see as suppressing Texans' right to vote.

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Categories / Appeals, Government, Politics, Regional

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