The Texas Supreme Court on Friday refused to declare that Democratic lawmakers who illegally fled the state in 2025 to block a vote on new congressional maps pushed by President Donald Trump had vacated their office.
The all-Republican court dealt a blow to Gov. Greg Abbott and state Republicans in their efforts to severely punish the more than 50 Democrats who left for New York, Illinois, and Massachusetts and hid in a bid to stop a vote on the maps during a special session.
The Texas redistricting effort kick-started cascading efforts by both parties across the country to redraw voting maps ahead of this year’s midterm elections: Republicans, pushed by Trump, seek to hold their slim majority in Congress as Democrats try to counter them.
Those efforts have gained new intensity after the U.S. Supreme Court no longer allows race to be how congressional and other districts are drawn.
In Texas, Abbott had argued in a lawsuit filed directly to the state’s highest civil court that state Rep. Gene Wu, the leader of the House Democratic caucus, and others had effectively abandoned their office.
If successful, they hoped to wield a new hammer to threaten lawmakers considering any future quorum breaks.
Wu had said he was not abandoning his office, but was hiding from authorities in order to “dissent.”
In denying Abbott’s request, the court opinion written by Justice James Blacklock noted that the Republican-majority Legislature had adequately resolved the problem itself through measures such as fines against the missing lawmakers, and it noted they eventually returned on their own within a few weeks.
“In the end, a quorum was restored in two weeks’ time, without judicial intervention, by the interplay of political and practical forces,” Blacklock wrote.
“Courts have uniformly recognized that it is not their role to resolve disputes between the other two branches that those branches can resolve for themselves,” the opinion said.
If the issue rises again and the Legislature cannot get Democratic lawmakers to return, the court may someday consider whether the courts should step in, the opinion said.
“When Greg Abbott threatened to arrest and expel us for denying him a quorum, we told him he should ‘come and take it.’ He tried!” Wu said in a statement Friday. “Abbott was wrong, weak, and after all his bluster, he couldn’t come and take a damn thing.”
Wu and the other lawmakers eventually returned to Texas with their tail between their legs, and the new map was passed and signed into law by Abbott.
If lawmakers leave again, the governor will bring the same issue back to the court, Abbott spokesman Andrew Mahaleris said Friday.
“No elected official has the right to abandon their duties, flee the state and shut down the people’s business,” Mahaleris said. “Governor Abbott’s legal action is what brought derelict Democrats back to Texas to do their jobs and pass the Big Beautiful Map.”
The state constitution requires that at least 100 of the 150 House members be present to conduct business, and the quorum break effectively shut down a special legislative session Abbott had called to address redistricting and other issues.
The Associated Press contributed to this article