Texas House Speaker Dade Phelan signed 52 civil warrants on Tuesday to arrest Democratic lawmakers who have been absent from the state Capitol for nearly a month.
The warrants, preceded on Tuesday by a House vote authorizing law enforcement to locate absent members, direct the House sergeant-at-arms to take custody of any member under warrant and to “bring said member before the bar of the House instanter” to participate in the special legislative session called by Republican Gov. Greg Abbott.
None of the lawmakers are subject to criminal charges under the warrants and may only be brought to the Capitol, according to the Texas Tribune.
The escalation was promised by Abbott and Phelan and followed a decision by the Texas Supreme Court on Tuesday that blocked a restraining order preventing authorities from arresting the lawmakers upon their return after a weekslong defection to Washington, D.C.
TEXAS STATE DEMOCRATS DON’T HAVE MUCH TO SHOW FOR THEIR DC JAUNT
The high court stayed a ruling Austin-based State District Judge Brad Urrutia issued on Sunday in favor of a lawsuit seeking to prevent Abbott and Phelan from ordering the arrest of the several dozen state House Democrats who left Texas to deny the chamber a quorum and, by extension, block GOP-backed voting reform bills.
Abbott called a special legislative session to begin in July to amend voting laws in particular, among other items. At least 58 Democratic lawmakers left Texas on July 12 in objection, arguing the legislation “would trample on Texans’ freedom to vote.” This prompted Abbott to promise they “will be arrested and brought to the Texas Capitol” upon their return. That session has ended, but Abbott convened a second one starting Saturday in another attempt to pass the legislation.
TONIGHT…
Texas House Speaker @DadePhelan signed 52 civil arrest warrants for absent Democratic legislators, including the attached one for state Rep. @VikkiGoodwinTX.
The warrants will be delivered to the House Sergeant-at-Arms tomorrow morning. pic.twitter.com/iYv7HN9ZIf
— Jason Whitely (@JasonWhitely) August 11, 2021
Two-thirds of Texas lawmakers must be present in Austin to begin conducting legislative business under the state’s constitution, which also allows those who fail to participate to be legally compelled to do so — providing the basis to threaten lawmakers with arrest.
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Some absent lawmakers joined in multiple lawsuits over the last week, including one filed in federal court, to prevent their arrest.
In the ruling that has since been vacated, Urrutia restricted Abbott and Phelan from “detaining, confining or otherwise restricting” the Democratic lawmakers’ movement within the state. The lawsuit in state court was filed on behalf of 19 Democrats.
“No matter what the Governor or Speaker have said, it is a fundamental principle in this country that no one has the power to arrest their political opponents. That is why this action had to be filed,” attorney Samuel Bassett said on behalf of his Democratic clients.
