Texas judge blocks arrest of Democratic legislators who fled the state to stop voting restrictions - The Washington Post

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Prolonging a showdown over proposed new voting restrictions, a Texas judge temporarily blocked the arrest of Democratic lawmakers who fled the state to stop the legislation, a move that will allow members of the group to return from Washington without the threat of being detained.

State District Judge Brad Urrutia, a Democrat, signed a temporary restraining order late Sunday in a case newly filed by 19 Texas House Democrats against Gov. Greg Abbott and House Speaker Dade Phelan, both Republicans, who have called for arrests to restore a quorum in the House. The lawsuit argues that the state’s “power to arrest and incarcerate cannot be used for political purposes” under the Texas Constitution and the rules of the Texas House.

The Austin-based judge agreed that Democrats would suffer “imminent and irreparable harm” if Republicans are not barred from ordering arrests, which they threatened to do if members of the minority party returned to the state. Last month, 57 House Democrats left for Washington to advocate for federal voting rights protections, leaving the chamber without the minimum attendance required to do business and continuing a stalemate that began with a similar walkout in May.

It “clearly appears” that Abbott and Phelan have “erroneously interpreted Texas law and legislative rules to permit the detention, confinement, or other restriction [of state legislators] … in response to a call for quorum,” Urrutia wrote in the order.

The order, which could expire in 14 days without an extension, specifically bars Abbott and Phelan from issuing warrants or ordering law enforcement to “detain, confine, or otherwise restrict” House members’ movement within Texas. A hearing on the order is scheduled for Aug. 20.

A spokeswoman for Abbott predicted the order will not stand.

“The ruling by the Travis County judge is contrary to the Texas Constitution and violates the separation of powers between the different branches of government,” Renae Eze, Abbott’s spokeswoman, said in a statement. "We are confident that this overstep will be overturned. Texas Democrats need to stop the charades and get back to work.”

Democratic Texas legislators spent most of July in D.C. trying to persuade Congress to pass federal voting rights legislation. (Rhonda Colvin, Mahlia Posey/The Washington Post)

Texas House Democrats broke quorum for the third time over the weekend, as Phelan launched a second special legislative session aimed at approving new voting restrictions, among other agenda items. After Democrats’ exodus last month, Republicans overwhelmingly approved a “call of the House,” an order allowing law enforcement to track down absent members if they came back to Texas. Abbott also committed to arresting the Democrats on their return to the state.

There is no current “call of the House” in place, and the only arrest warrant issued during the last special session for a quorum-breaking Democrat has expired.

In anticipation of a possible U.S. Senate vote on a narrower elections-and-ethics bill before the August recess, Texas House Democrats announced Saturday that 26 of them would maintain an “active presence in Washington … for as long as Congress is working and making progress” on the issue.

“Because of our advocacy, and that of the hundreds of legislators and allies around the country who rallied to our cause, we are that much closer today to the enactment of the most sweeping voting rights legislation since the signing of the Voting Rights Act 56 years ago,” members of the delegation said in a statement, adding: “Texas House Democrats will continue to resist, and hold the line, by any legal means necessary.”

Several Democrats have already returned to Texas, including Rep. Eddie Lucio III, who was present for roll call for the first day of the special session on Saturday. He said he’d returned to Austin on Friday from an undisclosed location.

Lucio said he wanted to work on issues like the state’s electric grid, restoring funding to the legislative branch and paying retired teachers.

“The chapter of the first special session closed,” Lucio told reporters. “It doesn’t mean that the fight closed. … My decision hinged on some of the demands back home, professionally, personally, and politically.”

Lucio said that he was encouraged by the progress House Democrats had made by bringing attention to the issue, and knew that “the baton would be carried by my Washington colleagues at the federal level, to have sweeping reform nationwide.”

Rep. Jim Murphy, the chair of the Texas House Republican Caucus, said he’s encouraging his members to get to work despite tensions over the quorum break.

“There may be some sharp elbows,” he said. “There may be some personality issues, but we have to focus on the work at hand.”

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Texas judge blocks arrest of Democratic legislators who fled the state to stop voting restrictions - The Washington Post
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