Texas House Democrats unveiled their legal counterattack Friday against Gov. Greg Abbott’s bid to oust them from office, saying the governor’s emergency effort is riddled with fatal flaws. Rep. Gene Wu, leader of the Texas House Democratic caucus, argued in court papers filed with the state Supreme Court that Abbott’s plan would violate the Texas Constitution, which leaves it to the legislature to discipline its own members.
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The Democrats left the state to try to derail Abbott’s ultra-partisan redistricting proposal. Abbott has asked the state Supreme Court to eject them from office, claiming their decision amounted to a legal “abandonment” of their posts. Wu argued that the Democrats’ effort to “break quorum” and deprive Republicans of the ability to conduct legislative business is not an abdication of their duty but an affirmation of it.
“When in the course of legislative proceedings, the act of the majority is so shocking to the conscience, it is the duty of the legislator to not, with ease, render his body a means to the end,” Wu’s attorneys wrote. They emphasized that there is a “long history” of quorum breaking in Texas and that it is contemplated in the state’s constitution.
Wu also highlighted the simmering tension between Abbott and Attorney General Ken Paxton, who argued in a letter to the court earlier this week that the governor may not have the legal authority to take action against the legislators. Paxton underscored this point by filing his own separate actions Friday afternoon in the Texas Supreme Court to remove 13 Democrats including Wu from the legislature. In his letter, Paxton said that while he appreciates Abbott’s “passion,” only the attorney general has the legal authority to seek the lawmakers’ removal.
Sen. John Cornyn, locked in a primary campaign against Paxton, seized on that tension as well, filing a brief with the Texas Supreme Court that largely criticized the attorney general’s legal strategy. Cornyn said Abbott was the proper official to file the initial lawsuit and chided Paxton for what he called a “delay” in pursuing removal of the House Democrats.
The broader fight has in some ways become a proxy battle between Paxton and Cornyn, who has repeatedly inserted himself into the dispute. Cornyn made an initial request for the FBI to help locate the Democrats, which Paxton initially criticized as ill-considered. Abbott and Cornyn say the FBI has agreed to help, but the bureau has not detailed its role.
Wu’s filing is the latest volley in a deepening crisis with extraordinary national implications for the future of both political parties. Fifty-one members of the Texas Democratic caucus fled the state earlier this week to prevent Abbott and Republicans from adopting new congressional district boundaries expected to net Republicans five seats in the U.S. House.
The quorum-breaking gambit has drawn support from national Democrats, including several governors who welcomed the fleeing lawmakers to their states and vowed to protect them. Meanwhile, Texas’ battle to redraw political boundaries has inspired both Republican and Democratic governors to consider corresponding efforts that could reshape party fortunes in the 2026 midterm elections, as former President Donald Trump fights to maintain his grip on Congress.
Abbott sued on Tuesday, claiming that Wu and the other Democratic quorum-breakers had legally “abandoned” their offices, allowing the court to declare their seats vacant. But Wu contended that he and his colleagues were fulfilling their roles by refusing to give their GOP counterparts a quorum.
Wu also argued that Abbott erred by filing his suit directly to the Supreme Court, bypassing lower courts that would typically review such a bid first. He added that only the legislature can remove its own members, a process that requires a two-thirds majority—far more difficult than Abbott’s attempt to sway five Supreme Court justices.
Additionally, Wu said the governor’s petition relies on allegations about the lawmakers’ subjective “intent” that aren’t supported by facts or evidence. He plans to invoke his right to a jury trial, which would require a fuller evidentiary record than Abbott has provided. “If Representative Wu is to stand trial, he should do so on evidence, yet the Governor bases his petition on hearsay,” Wu’s lawyers wrote.
Meanwhile, the Texas House convened and adjourned without a quorum again on Friday, as Republicans grew frustrated with Democrats who left the state to block a vote on a redistricting bill that President Trump urged them to pass. Texas House Speaker Dustin Burrows announced that Democrats must collect their monthly paychecks and per diems in person.
“While the Constitution forbids us from withholding pay, it does not dictate how we issue the pay,” Burrows said. Texas House Minority Leader Gene Wu scoffed at the threat: “Members of the legislature are paid \$600 a month. Foregoing our monthly salary is a far smaller cost than the price of inaction,” he said.
Republican leaders also froze Democrats’ monthly operating budgets. “Absent members must also appear in person” to get approval for travel reimbursements or other House services, Burrows said. The speaker added that the Texas House contacted the sergeant at arms of the Illinois House of Representatives, requesting their direct assistance in returning absent members.
However, that request has not gained traction in Illinois. “No member of the Illinois House is responsible for attendance at Texas’ undemocratic sham of session,” said Jon Maxson, communications director for the Illinois House Speaker.
“We are continuing to explore new avenues to compel a quorum and will keep pressing forward until the job is done,” Burrows told the members present Friday, urging them to return to address disaster relief for floods that recently affected the state. “Every hour you remain away is time stolen from those Texans in need,” he said, referring to the redistricting bill Republicans attached to the flood relief package.
Illinois Gov. JB Pritzker called the threats “grandstanding,” saying his state will protect the Texas Democrats and that the civil complaints issued in Texas have no bearing in Illinois.
Friday’s House action came hours after a suburban Chicago hotel complex where Democratic legislators had been staying received a second death threat. The local police, in coordination with the Kane County Sheriff’s Office Bomb Squad and Explosive Detection K-9 Unit, searched the area and found no explosives. About 70 guests were at the hotel at the time.
A source close to the Texas Democrats, speaking anonymously for security reasons, said the delegation left the hotel after an earlier bomb threat and declined to disclose their current location.
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