Judge signs order temporarily blocking arrest of quorum-breaking Texas Democrats

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The order, signed by Travis County State District Judge Brad Urrutia, bars Republican Gov. Greg Abbott and Texas Speaker of the House Dade Phelan from “issuing a warrant or other instrument” and “detaining , confine or otherwise restrict the movement of a Texas House Democrat without his or her consent. “This also prevents them from” commanding the Texas House Sergeant-at-Arms, officers appointed by the Texas House Sergeant-at-Arms, Department of Public Safety, Texas Rangers, Texas Highway Patrol Officer, Capitol Police officers, or other law enforcement officials. detain, contain or otherwise restrict the movement of a representative of the Texas House “without their consent.

The order came at the behest of 19 Texas House Democrats, members of a group of Democrats who left the state to prevent their Republican counterparts from having the necessary quorum to continue legislative work during a special session called by Abbott. Their goal was to prevent their Republican counterparts from passing restrictive new election laws. Their decision killed the legislation in the initial special session, but the governor called another session that began last weekend.

The 19 Democrats argued in a petition that “a fundamental principle of our constitutional system of government is that the state’s power to arrest and incarcerate cannot be used for political ends.”

Urrutia wrote that the court finds, based on the facts and testimony in the petition and the Democrats’ affidavits, that Abbott and Phelan “misinterpreted Texas law and legislative rules to permit detention. , isolation or other restriction of members of the Texas House of Representatives within the State of Texas in response to a quorum call. ”

A hearing is scheduled for Aug. 20 to give Abbott and Phelan a chance to discuss “why a temporary injunction should not be issued against them,” the order said. If no action is taken to extend the order, it will expire in two weeks.

In response to the order, Abbott’s press secretary Renae Eze told CNN: “The decision of the Travis County judge is against the Texas Constitution and violates the separation of powers between the various branches. of the government. We are convinced that this overrun will be canceled. Texas Democrats must stop the charades and get back to work. “

After more than 50 Democrats fled the state to deny a quorum for the first special session convened in July, House Republicans voted to send law enforcement to locate absent members and force them to return. However, Texas law enforcement has no jurisdiction in Washington, DC, where the majority of quorum breakers remained for the duration of this special session. Only one civil arrest warrant was actually signed by the President of State House, for Texas State Representative Phillip Cortez, who briefly returned to the State House floor during the quorum break. but joined the other Democrats in Washington a few days later. This mandate expired with the end of the first extraordinary session.

The second special session called by Abbott began on Saturday, but Texas House did not have enough members to achieve a quorum, meaning no legislative business can be conducted. On Monday, the House voted to institute a “House Appeal,” which means room doors are locked and members need written permission from the speaker to leave. A “House Appeal” is also required before members can be compelled in any way to return to the State Capitol. At least 26 Texas Democrats have said they will stay in Washington until August to push congressional lawmakers to pass federal voting protections. Others left the nation’s capital but did not return to Texas House for the new special session.

“The men and women of Texas House, many of whom are black and brown Democrats, are not animals or property that should be locked up by law enforcement and placed against our will. It is morally wrong to believe otherwise. We will not allow our democracy. to degenerate into a dictatorship; we will use all the tools necessary to defend the Constitution, “said Texas State Representative Trey Martinez Fischer in a statement released by the lawyer for the 19 Democrats.

“Angry Republican threats to send soldiers to arrest, handcuff, shackle, drag and house duly elected lawmakers are not only meant to dampen our rhetoric and undermine our ability to represent our districts, it has left our families, friends and neighbors concerned about our well-being and our security, ”State Representative Gina Hinojosa said in the statement.

CNN has contacted the office of Texas President Phelan for comment.

The complainants listed in the filed complaint are: Texas State Officials Hinojosa, Alma A. Allen, Michelle Beckley, Jasmine Crockett, Joe Deshotel, Barbara Gervin-Hawkins, Vikki Goodwin, Celia Israel, Ray Lopez, Armando “Mando “Martinez, Martinez Fischer, Ina Minjarez, Christina Morales, Mary Ann Perez, Ana-Maria Ramos, Richard Peña Raymond, Ron Reynolds, Eddie Rodriguez and Ramón Romero Jr.

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