DALLAS — The Texas Supreme Court on Tuesday ruled that House Democrats boycotting a special legislative session can be arrested and forced back to chambers.
“The legal question before this Court concerns only whether the Texas Constitution gives the House of Representatives the authority to physically compel the attendance of absent members,” according to a written opinion signed by Justice James D. Blacklock, a Republican. “We conclude that it does, and we therefore direct the district court to withdraw the TRO.”
House Democrats broke quorum during a July special session to stall and a GOP-driven elections bill that they contend is designed to suppress the votes of Black and Hispanic residents. The boycott has extended into the second special session called by Abbott 10 days ago. Republicans counter that the elections bill encourages voting and guards against fraud.
In his opinion, Blacklock said it wasn’t the high court’s job to delve into political questions.
“The question now before this Court is not whether it is a good idea for the Texas House of Representatives to arrest absent members to compel a quorum,” he wrote. “Nor is the question whether the proposed voting legislation giving rise to this dispute is desirable. Those are political questions far outside the scope of the judicial function.”
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