Solicitor General Files Appeal as Paxton Vacations in Europe

Texas Governor Files Emergency Petition Against Absent Democrats

Texas Governor Greg Abbott has taken a bold step in the ongoing dispute over the absence of more than 50 Democratic lawmakers from the state legislature. The governor filed an emergency petition with the Texas Supreme Court, seeking to remove Rep. Gene Wu, the chair of the Texas House Democratic Caucus, from office. Wu led the group of Democrats who left the state in protest of a congressional redistricting bill. Despite the legal pressure, Wu has remained defiant, calling the lawsuit a “weaponization” of the law.

Abbott gave the absent lawmakers a deadline of 3 p.m. on Monday to return to Austin or face arrest and removal from office. By Tuesday, only 54 of the original 56 Democrats had returned. In response, House Speaker Dustin Burrows signed civil warrants for the arrest of those still missing. This move marks a significant escalation in the conflict between the governor and the Democratic lawmakers.

Meanwhile, Attorney General Ken Paxton is currently vacationing in Europe, which has raised questions about the state’s ability to take legal action against the absent lawmakers. Paxton reportedly told Fox News that his office might not be able to pursue charges, as the responsibility would fall to county attorneys. He added that it was unlikely these local prosecutors—many of whom are Democrats—would take action against their own party members.

Despite Paxton’s absence, the Texas Supreme Court received an emergency quo warranto petition from Abbott. The Office of the Attorney General (OAG) issued a press release stating that Paxton was taking action, even though he himself had not filed the petition. A letter from Solicitor General William Peterson was attached to the petition, emphasizing that only the attorney general, county attorney, or district attorney can initiate such a proceeding. Peterson also cited the Texas Constitution, which places the responsibility of representing the state in court on the attorney general.

Peterson urged the court not to dismiss Abbott’s petition until after the speaker’s Friday deadline, allowing the attorney general to present his case. On Tuesday night, the court ordered Wu to respond by 5 p.m. on Friday. Abbott clarified his lawsuit, stating that it was based on the Texas Constitution, Section 22 of the Government Code, and Supreme Court precedent. He emphasized that the lawsuit was not being filed with a trial court under Chapter 66 of the Civil Practice & Remedies Code.

The OAG also issued a separate statement claiming that Paxton would pursue a court ruling to declare the absent lawmakers’ seats vacant. It warned that any lawmaker who fails to return by the speaker’s deadline would face aggressive legal action. Paxton’s statement accused the Democrats of abandoning their duties and described them as “jet-setting runaways.”

House Speaker Burrows said he was working with the Texas Department of Public Safety to arrest the absent lawmakers and called for the House to reconvene on Friday. It remains uncertain how many Democrats will return by the deadline. Meanwhile, U.S. Senator John Cornyn, a Republican from Texas, has called on the FBI to assist in the arrests of the remaining lawmakers in other states.

This ongoing standoff highlights the deepening political tensions in Texas and raises important questions about the role of the attorney general and the legal procedures involved in holding elected officials accountable. As the situation unfolds, all eyes are on the Texas Supreme Court and the potential consequences for the absent lawmakers.