An Illinois judge has dismissed a lawsuit filed by Texas Attorney General Ken Paxton and Illinois State Sen. Jil Walker Tracy that sought to arrest 33 Texas House Democrats who fled the state to block legislative action. The case, filed in the Eighth Judicial Circuit Court in Adams County, aimed to domesticate Texas quorum warrants so Illinois law enforcement could detain the lawmakers and return them to Texas.
Judge Scott Larson ruled Wednesday that the court lacked subject matter jurisdiction, stating there was no legal basis to hear the case. He wrote that Illinois courts cannot decide whether “foreign legislators” willfully absconded from their duties, nor can they direct Illinois police to execute civil quorum warrants on nonresidents temporarily in the state. The decision meant the court did not consider personal jurisdiction, venue, or the merits of the petition.
Paxton’s lawsuit argued that the Full Faith and Credit Clause of the U.S. Constitution required Illinois to honor Texas’ quorum warrants as if they were its own civil orders. The filing requested the court to initiate contempt proceedings against the Democrats, compel their return to Texas, and enforce the warrants to avoid “immediate and irreparable harm” to the state’s legislative process.
The Democrats left Texas to prevent a vote on new congressional maps and other legislation during a special session. More than 50 members broke quorum, stopping House business. Governor Greg Abbott has vowed to call special sessions until lawmakers return and pass the proposed measures.
The Illinois court’s rejection leaves Texas with the option to appeal to the Illinois Supreme Court and, if unsuccessful, potentially to the U.S. Supreme Court. As of now, neither Paxton nor Texas House Speaker Dustin Burrows has issued public comment on the ruling.
