Texas Supreme Court Rules That Democrats in Legislature Can Be Arrested to Compel Attendance

Texas Justice Jimmy Blacklock

The Texas Supreme Court ruled Tuesday that the Texas Constitution authorizes the state’s House of Representatives to arrest members who flee in order to break the quorum required to vote.

The opinion states that “just as” Texas’ Constitution enables “‘quorum-breaking’ by a minority faction of the legislature, it likewise authorizes ‘quorum-forcing’ by the remaining members,” including by “arrest.”

“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. We conclude that it does, and we therefore direct the district court to withdraw the TRO,” wrote Justice Jimmy Blacklock on behalf of the state’s Supreme Court.

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