Texas Attorney General Ken Paxton announced on August 5, 2025, his intent to file quo warranto petitions in court asking judges to declare seats vacant for House Democrats who fled the state to block a GOP-backed redistricting plan. Paxton argues their absence constitutes abandonment of office, stating, “If you don’t show up to work, you get fired.” Lawmakers were given a Friday, August 8 deadline to return before legal action begins.
Governor Greg Abbott filed a companion lawsuit urging the Texas Supreme Court to remove Representative Gene Wu of Houston and other absent legislators, asserting their walkout deprived the House of a quorum and violated their constitutional responsibilities. Abbott called the flight a deliberate dereliction of duty.
Paxton and Abbott’s campaign comes as approximately 62 Democrats fled to deny quorum during a special legislative session tied to redrawing congressional districts—an effort supported by former President Trump aiming to add up to five GOP seats in the U.S. House for the 2026 midterms.
House Speaker Dustin Burrows had authorized civil arrest warrants for absent members remaining within state lines, although enforcement is limited if lawmakers are in Illinois or New York. National figures including Senator John Cornyn and Donald Trump have backed executive pressure to bring lawmakers back via FBI assistance if necessary.
Democrats counter that their actions fulfill their oath to defend constitutional principles rather than abandon duty. Legal scholars warn that equating quorum breaking with vacating office conflicts with the text of Texas law and precedent. Establishing abandonment would require proof of intentional forfeiture—not mere protest.
Texas stands at the center of a modern constitutional showdown over gerrymandering and representative obligations. Republican plans seek aggressive map changes despite Democratic objections and legal complexity. If judges agree, Governor Abbott must call special elections to fill vacated seats. Meanwhile, Texas Democrats vowing resistance may set the stage for challenges in other GOP-led states following the political playbook.
